Bay v. Elmer

This is an injunction suit to restrain the foreclosure of a deed of trust. Suit filed in Dent County, Missouri, June 4, 1949. A temporary injunction was granted, the cause was tried by the *392court October 17,1949, and judgment rendered for defendants dissolving the temporary injunction and dismissing plaintiff’s petition. Plaintiffs appeal.

Plaintiffs’ petition alleged that on March 10, 1941, they executed their promissory note of that date, payable to F. X. Falk, and secured the same by deed of trust on certain lands described in the petition; that this deed of trust was duly recorded.…