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LEVEE DISTRICT NO. 4 OF DUNKLIN COUNTY v. SMALL

No. 7380.

281 S.W.2d 614 (1955)

LEVEE DISTRICT NO. 4 OF DUNKLIN COUNTY, Missouri, a corporation, Plaintiff-Appellant, v. Pete SMALL and Ross Small, copartners d/b/a Small Brothers Lumber Company, Defendants-Respondents.

Springfield Court of Appeals. Missouri.

August 11, 1955.

Attorney(s) appearing for the Case

Langdon R. Jones, Kennett, for plaintiff-appellant.

Elbert L. Ford, Kennett, for defendants-respondents.

STONE, Judge.

In this action in ejectment, plaintiff appeals from the judgment of dismissal for failure to prosecute entered on May 24, 1954, which the court, after hearing, refused to vacate on plaintiff's timely motion. Ejectment is a possessory action [Wood v. Gregory, Mo., 155 S.W.2d 168, 170(3), 138 A.L.R. 142; Hecker v. Bleish, 319 Mo. 149, 3 S.W.2d 1008, 1019(17)]; and, since neither party in the instant case sought adjudication of title and the judgment was...

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