Cannon v. Blake

Suit to cancel a note and deed of trust, and to restrain a foreclosure. It is contended that the deed of trust is void abinitio. This court has jurisdiction, as title to real estate is involved. Peters v. Kirkwood Federal Savings Loan Assn.,344 Mo. 1067, 130 S.W.2d 507. An appeal was perfected from a decree of cancellation.

In 1933, plaintiffs-respondents were indebted to defendant-appellant, Mrs. Findlay J. Pinkerton; their promissory note evidencing this debt was secured by mortgage on their home. Their property was also encumbered by a second mortgage to secure a note, defendant Fred A.…