Riggs v. Kellner

BERREY, Judge.

This is an appeal of the trial court’s judgment denying plaintiffs petition for judicial foreclosure on a deed of trust. This court reverses.

The facts material to this appeal are not in dispute1 and are as follows:

George and Suzanne Pierson, the plaintiffs, owned 110 acres of land located in Harrison County, Missouri. On December 26, 1979, they sold the Harrison County property to defendants James and Kathryn Kellner, who in consideration made a promissory note in the amount of $96,250. The Kellners executed a deed of trust as security for the note; it was properly recorded by…