Goedecke v. Gralnick

(dissenting)'. — I am unable to concur in the opinion of Judge Ellison. As I understand our two former opinions [348 Mo. 1164, 159 S. W. (2d) 258, 260] when they were rendered and as I read them now, the only question then decided was that no equitable mortgage was created in favor of the bank by the execution and delivery to it of the note and deed of trust made payable to the insurance company. I think that’ question was correctly ruled, but I fail to see how that ruling is res judicata as to the ownership of the Brody note. Judge Ellison’s opinion says that the ownership of that note, as…