MATTHEWS v. McVAY

No. 6944.

234 S.W.2d 983 (1950)

MATTHEWS v. McVAY et ux.

Springfield Court of Appeals. Missouri.

December 8, 1950.


Attorney(s) appearing for the Case

McReynolds, Flanigan & Flanigan, John H. Flanigan and Laurence H. Flanigan, Carthage, for appellant.

R. A. Esterly, Carthage, for respondents.


VANDEVENTER, Presiding Judge.

From a judgment on a petition for a declaratory judgment, plaintiff appeals.

The petition alleged that plaintiff and defendants were adjoining landowners and that between their respective acreage was a partition fence; that many years ago, plaintiff and defendants, and their predecessors in title, had orally agreed to maintain a definite portion of said fence between their lands, and that the agreement was for plaintiff to maintain...

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