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STATE v. SCHWABE

No. 47477.

335 S.W.2d 15 (1960)

STATE of M'ssouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. Leonard SCHWABE et al., on Counterclaim of Louis M. Noble, Mary L. Noble, and Exchange National Bank, a Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

May 9, 1960.

Attorney(s) appearing for the Case

Robert L. Hyder, Minor C. Livesay, Jefferson City, for appellant.

Robert C. Smith, Columbia, Smith & Lewis, Columbia, of counsel, for respondents.

COIL, Commissioner.

Respondents Louis and Mary Noble were defendants in a condemnation proceedings instituted by the State Highway Commission. In Count 2 of their amended counterclaim they sought the reformation of a deed by which they had conveyed real estate to the State of Missouri. The trial chancellor found that the deed in question did not reserve a right of access to Highway 40 but that, as contended by respondents, such reservation had been omitted as a result...

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