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FRANCK BROS., INC. v. ROSE

No. 45563.

301 S.W.2d 806 (1957)

FRANCK BROS., Inc., a Corporation, Plaintiff-Respondent, v. Olga ROSE, a/k/a Betty Rose and Robert A. Rose, her Husband, Defendants-Appellants, D. Calhoun Jones, Trustee, and Elizabeth Herweck, Joseph Falzone, Trustee, and Edward K. Love Jr., Defendants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer Denied May 13, 1957.

Attorney(s) appearing for the Case

C. Willard Max and R. W. Jacobsmeyer, Clayton, for appellants.

Ziercher, Tzinberg, Human & Michenfelder, Herbert W. Ziercher, Clayton, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied May 13, 1957.

HOLMAN, Commissioner.

Plaintiff in this action sought a decree adjudicating that it is the sole owner, in fee simple, of a strip of ground (described as a 15-foot roadway) through a tract of land owned by plaintiff, and barring defendants from claiming any title or interest therein. The defendants are Olga Rose, the record owner of the disputed roadway, Robert A. Rose, her husband, and...

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