Boesel v. Perry

WOLFE, Commissioner.

This is a suit whereby the plaintiffs sought to enjoin the sale of real estate, under the foreclosure of a deed of trust. They also sought to have the deed of trust *69canceled. A temporary injunction was granted but upon trial of the issues there was a judgment dissolving the injunction and dismissing plaintiffs’ action. From this judgment the plaintiffs appealed to the Supreme Court, which transferred the cause to this court, 262 S.W.2d 636, as title to real estate is not involved and the jurisdiction of the appeal rests here.

The facts of the matter are that William H.…