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DONOVAN v. FRICK

No. 54643.

458 S.W.2d 282 (1970)

John P. DONOVAN, Appellant, v. John FRICK et al., Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied October 12, 1970.

Attorney(s) appearing for the Case

John G. Brannon, R. Brian Hall, North Kansas City, for appellant.

William B. Waters, Robert E. Coleberd, Arthur R. Kincaid, Liberty, for respondents Kincaid and Frick, Hale, Coleberd, Kincaid & Waters, Liberty, of counsel.

C. David Whipple, Kansas City, Conn Withers, Liberty, for respondents H. T. Walpole and Myra Walpole, Krings, Stewart, Whipple, Mauer & Eisler, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court En Banc Denied October 12, 1970.

WELBORN, Commissioner.

This is an appeal by a mortgagor from an adverse decree in his action to set aside a trustee's sale under a deed of trust. The trial court dismissed the petition and entered judgment for the purchaser at the trustee's sale on the purchaser's counterclaim for possession of the premises and for damages for the wrongful withholding of possession. Plaintiff-mortgagor...

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