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METCALF v. AMERICAN SURETY CO. OF NEW YORK

No. 41717.

232 S.W.2d 526 (1950)

METCALF et al. v. AMERICAN SURETY CO. OF NEW YORK et al.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied September 11, 1950.

Attorney(s) appearing for the Case

Amanda A. Metcalf, and Oscar B. Elam, pro sese.

Arthur N. Adams, Arthur N. Adams, Jr., Kansas City, for respondent, Elmer L. Parker.

George T. Aughinbaugh, Hunt C. Moore, Hale Houts and Hogsett, Trippe, Depping, Houts & James, all of Kansas City, for respondents American Surety Co. of NewYork, Hunt C. Moore, Administrator de bonis non of the Estate of Nell M. Beeching, deceased, and Perrin D. McElroy, Administrator of the Estate of E. Grant Metcalf, deceased.

VAN OSDOL, Commissioner.

The trial court rendered judgment of dismissal of plaintiffs' petition, denominated "Slander of Title," in which petition plaintiffs had sought to recover $12,000 damages; and prayed for the further relief of divesting of title to described real estate out of defendants and the vesting thereof in plaintiffs. Plaintiffs have appealed.

Res judicata is the decisive issue for review.

The petition in the instant action alleged...

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