State ex rel. Missouri Highway & Transportation Commission v. Wilson

TURNAGE, Judge.

The Missouri Highway and Transportation Commission filed a suit in condemnation to acquire land owned by Myers Oil Company upon which Farley State Bank held a deed of trust to secure a note payable to the Bank. On trial of the exceptions filed by both Myers Oil and the Commission, the court found the value of the property to be less than the commissioners’ award. The Commission sought to have the court enter judgment against the Bank for a part of the deficiency but the court refused. On appeal, the Commission contends that under equitable principles it has a right to seek…