Phoenix Trust Co. v. Garner

Regardless of tbe form of, and allegations in, plaintiff’s original and amended petitions, this case is one in assump-sit and seeks to recover tbe sum of $2,652.42 deficiency debt still remaining due August 2, 1926, after tbe foreclosure of a deed of trust from J. D. Elliott and wife to Tbe Pboenix Trust Company on 167 acres of land owned by tbe Elliotts in Sullivan county, Missouri. Tbe basis of this suit is that in a deed from said J. D. Elliott and wife to defendant, conveying said 167 acres subject to said deed of trust, on June 27, 1921, tbe latter assumed and agreed to pay, as a part of…