Ellenburg v. Edward K. Love Realty Co.

Action in equity by Hattie Ellenburg, plaintiff below, seeking rescission of the purchase and sale of a principal note in the sum of $17,000, and six semi-annual interest notes of $510 each, all secured by a deed of trust on real estate located in St. Louis County, Missouri. The decree below went in favor of plaintiff and defendant appealed.

The petition was not challenged. It alleges, in substance, that defendant represented to plaintiff and her agent that the deed of trust securing said notes was a first deed of trust on said real estate; that said representations were false in that there…