Dent v. Matthews

This is a suit to restrain the foreclosure of a deed of trust with power of sale on one hundred and sixty acres of land in • Dent County, Missouri. The defendants are the sheriff of said County, anting pf substituted trustee, and the Bank of Lime Springs, Iowa, claiming to own the secured note. The trial court granted a permanent injunction, cancelled the secured note and defendants bring the case here by writ of error. The question presented is whether the note and deed of trust in question have been extinguished by payment of the note or by merger of the deed of trust in the fee title.

The…