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CITY OF WARSAW v. SWEARNGIN

No. 45227.

295 S.W.2d 174 (1956)

The CITY OF WARSAW, In the County of Benton and State of Missouri, Plaintiff-Respondent, v. G. C. SWEARNGIN and Anna Mae Swearngin, Defendants-Appellants, William D. Lay and Mary Lay, Administratrix of the Estate of Ella Lay, Deceased, Third-Party Defendants-Respondents.

Supreme Court of Missouri. Division No. 1.

November 12, 1956.

Attorney(s) appearing for the Case

Vernon Frieze, Warsaw, Crawford & Harlan, Earl T. Crawford, Sedalia, of counsel, for appellants and third-party defendants.

F. M. Brady, Edwin F. Brady, Warsaw, William D. Lay, Springfield, for respondents.

HOLLINGSWORTH, Presiding Judge.

The City of Warsaw instituted this action against G. C. Swearngin and Anna Mae Swearngin, husband and wife, to establish the city's title to a narrow strip of land extending along the east (left) bank of the Osage River. The petition alleged that the property was deeded to it as a part of a public park lying immediately north of the City and sought to enjoin said defendants from trespassing thereon and to recover damages for prior trespasses...

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