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NICKELS v. COHN

Nos. 15444, 15472 and 15480.

764 S.W.2d 124 (1989)

Terry Lee NICKELS, Connie N. Nickels, James Gary Nickels and Norma N. Nickels, Plaintiffs-Respondents, v. Arthur Joe COHN, Christy L. Cohn and Christy L. Cohn, Personal Representative of the Estate of Harvey E. Nickels, Deceased, Defendants-Appellants, and Rita Jane Nickels, Waynesville Security Bank, Claude H. Morgan, Trustee for Waynesville Security Bank, Central Production Credit Association, Milton F. Yeary, as Trustee for Central Production Credit Association, Lloyd Green and Anna M. Green, Defendants. Terry Lee NICKELS, Connie N. Nickels, James Gary Nickels and Norma N. Nickels, Plaintiffs-Respondents, v. CENTRAL PRODUCTION CREDIT ASSOCIATION and Milton F. Yeary, Trustee for Central Production Credit Association, Defendants-Appellants, and Rita Jane Nickels, Arthur Joe Cohn, Christy L. Cohn and Christy L. Cohn, Personal Representative of the Estate of Harvey E. Nickels, Deceased, Waynesville Security Bank, Claude H. Morgan, Trustee for Waynesville Security Bank, Lloyd Green and Anna M. Green, Defendants. Terry Lee NICKELS, Connie N. Nickels, James Gary Nickels and Norma N. Nickels, Plaintiffs-Respondents, v. Lloyd GREEN and Anna M. Green, Defendants-Appellants, and Rita Jane Nickels, Arthur Joe Cohn, Christy L. Cohn and Christy L. Cohn, Personal Representative of the Estate of Harvey E. Nickels, Deceased, Waynesville Security Bank, Claude H. Morgan, Trustee for Waynesville Security Bank, Central Production Credit Association, Milton F. Yeary, as Trustee for Central Production Credit Association, Defendants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied January 26, 1989.

Attorney(s) appearing for the Case

W.H. Thomas, Jr., Thomas, Birdsong, Clayton & Haslag, Rolla, for plaintiffs-respondents.

John Z. Williams, Williams, Smallwood & Crump, Rolla, for defendants-appellants Arthur Joe Cohn, Christy L. Cohn and Christy L. Cohn, Personal Representative of the Estate of Harvey E. Nickels, Deceased.

Thomas W. Millington, Schroff, Glass & Newberry, Springfield, for defendants-appellants Cen. Production Credit Ass'n and Milton F. Yeary, as Trustee for Central Production Credit Ass'n.

Thomas J. O'Neil, Lebanon, for defendants-appellants Lloyd Green and Anna M. Green.

HOGAN, Judge.

Plaintiffs Terry Lee and Gary Nickels and their wives brought this action seeking, among other things: a) to declare a quitclaim deed fraudulent and void; b) to grant specific performance of a pre-emptive covenant contained in another quitclaim deed, and c) to subordinate the interest of defendant Central Production Credit Association to the pre-emptive covenant. At the request of defendants Cohn, the trial...

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