MOTHERSHEAD v. MILFELD

No. 41608.

236 S.W.2d 343 (1951)

MOTHERSHEAD v. MILFELD et ux.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied February 12, 1951.


Attorney(s) appearing for the Case

Dearing & Matthes, M. C. Matthes, Hillsboro, for appellants.

Samuel McKay, DeSoto, Samuel Richeson, Potosi, for respondent.


VAN OSDOL, Commissioner.

Plaintiff-respondent J. Lee Mothershead and Alta Mothershead, his wife, instituted this action to quiet title to Lot 8 of Block 3 of the City of DeSoto. By Count II of their petition, plaintiffs declared in ejectment to recover possession of Lot 8; and by Count III plaintiffs stated a claim for damages alleged to have been occasioned by defendants' careless excavation whereby a building on Lot 8 was allegedly deprived of its lateral support...

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