Williams v. Kimes
Supreme Court of Missouri
949 S.W.2d 899 (Mo. 1997)
Reba Wrather LaFont inherited 72 acres of real property in life estate from her father. The contingent remainder was vested in her presumptive bodily heirs, who would receive the property in fee simple absolute at the time of her death. LaFont borrowed money and mortgaged the property, and then defaulted. The bank foreclosed on the property in 1988, and notice of the sale was sent to LaFont. The heirs received no actual notice of the sale. The property was purchased by the Kimeses (defendants). LaFont died in 1993, survived by two bodily heirs with a contingent remainder in the property: Anita Kay Williams and James G. LaFont (plaintiffs). They brought suit claiming that the foreclosure sale was invalid against their interest in the property, because they had not received actual notice of the sale. The trial court ruled that the sale was valid, and they appealed.
Rule of Law
Holding and Reasoning (Benton, J.)
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