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HORN v. MUCKERMAN

No. 45545.

307 S.W.2d 482 (1957)

David E. HORN, J. A. Bussmann, and Dale Neiswander, Trustees of Davis Place (Plaintiffs), Appellants, v. Richard C. MUCKERMAN and Rosalia Muckerman, his wife (Defendants), Appellants, Ross Allen Jelkyl and Alice M. Jelkyl, his wife, and Aubrey A. Yawitz and Juanita M. Yawitz, his wife (Intervenors), Respondents, Charles M. Schwartz and Helen M. Schwartz, his wife, Joseph A. Bussmann, Jr., and Betty M. Bussmann, his wife, Albert E. Barnard and Susan E. Barnard, his wife, Max W. Mabel and Miriam Mabel, his wife, Palmer L. Conran and Theresa H. Conran, his wife, and Bernice Bussmann, Intervenors.

Supreme Court of Missouri. Division No. 2.

December 9, 1957.

Attorney(s) appearing for the Case

David E. Horn, St. Louis, for appellants (plaintiffs).

Dunbar & Gaddy, Robert J. Gaddy and William M. Van Cleve, St. Louis, for appellants (defendants).

Leo Murphy, Jr., St. Louis, for respondent (intervenors).

BOHLING, Commissioner.

This action involves the title to a portion of an abandoned 50-foot wide street railroad right of way. The plaintiffs are the present Trustees of "Davis Place," a subdivision of the City of Clayton, County of St. Louis, Missouri. The defendants are owners of Lot 22-A of Country Club Place, also a subdivision of said city. The abandoned right of way extends generally north and south. Defendants' lot is east of and abuts said abandoned right of...

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