Oehler v. Philpott

LOZIER, Commissioner.

Defendants-appellants’ appeal to this court was transferred to the St. Louis Court of Appeals for lack of appellate jurisdiction. 253 S.W.2d 179. After reversing and remanding, that court returned the cause for a re-examination of existing law. Art. V, Sec. 10, Const., 1 RSMo 1949, p. 63, 2 V.A.M.S.; Supreme Court Rule 2.06, 42 V.A.M.S.; Mo.App., 255 S.W.2d 90. We determine the case the same as on original appeal.

Plaintiffs-respondents’ action was one to enjoin the sale of their real estate under a power of sale in a deed of trust executed by them on March 5, 1932. The…