PHELPS v. DOMVILLE

No. 44560.

303 S.W.2d 601 (1957)

Nicholas Thomas PHELPS and Juanita Phelps Zans, Respondents, v. Milton H. DOMVILLE and Rita C. Domville, J. E. Bridges, Trustee, L. B. White, Homer C. Strohm and Rose M. Strohm, F. H. Smith, Dora Williamson Murdock, Agnes Murdock, and Elroy Murdock, Glenn D. Smith and Vivian Smith, Lyman L. Murdock, Sr., Stanley E. Gregg, Trustee, A. Ralph Young, Jr., Trustee, James C. Noel, doing business as Noel Insurance Agency, Arthur L. Pugh and Alice E. Pugh, Charles E. Schultz and Ruby J. Schultz, G. Dennis Sullivan, J. W. Elliott and Cora Elliott, T. N. Taylor and Mabel M. Taylor, Elmer W. Ahmann, Jr., George H. Ackerly and Ella A. Ackerly, W. B. Davis and Beulah D. Davis, William Kemp, Patrick H. McGraw and Della McGraw, Carl L. Worden and Darlene Worden, Woodrow Owings, Henrietta Owings, and Frank Cooper, Ed. E. Warren and Mary Warren, Anthony M. Tilley and Mildred Garnett Tilley, Lester J. Burton and Myrtle E. Burton, Fred H. Smith and Sarah G. Smith, Elmer Bradley, William D. Moore and Artie B. Moore, and Jessie L. Donaldson, Eddie Pfiefer and John Baker, Louis Martin Kemp and Betty M. Kemp, Appellants.

Supreme Court of Missouri. En Banc.

Rehearing Denied July 8, 1957.


Attorney(s) appearing for the Case

Rufus Burrus, James L. Gillham and Reginald A. Smith, Independence, Russell W. Maloney, David W. Barry and Meyer, Smith, Wetzel & Barry, Kansas City, and Charles A. Lee, Jr., St. Louis, for appellants.

Terrance W. Imes and Walter A. Raymond, Kansas City, for respondents.


STOCKARD, Commissioner.

Nicholas Thomas Phelps and Juanita Phelps Zans, brother and sister, filed this action June 4, 1951. The petition was in three counts. Count I was to determine and quiet title to certain described real estate, consisting of approximately 135½ acres, in which plaintiffs claim an undivided three-fourths interest by inheritance. By agreement of the parties and on order of the court a separate trial...

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