DUNCAN v. ACADEMY OF THE SISTERS OF THE SACRED HEART

No. 48525.

350 S.W.2d 814 (1961)

Richard S. DUNCAN, Lily Duncan Cox, Donald Richard Duncan, Jean Martha Duncan, Barbara Duncan Kaufman and Verna K. Duncan, Appellants, v. ACADEMY OF THE SISTERS OF THE SACRED HEART AT ST. JOSEPH, MISSOURI, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

November 13, 1961.


Attorney(s) appearing for the Case

Dale, Potter & Flynn, by Whitney W. Potter, St. Joseph, for appellants.

Morton & Morton, by W. M. Morton, St. Joseph, for respondent.


COIL, Commissioner.

Appellants brought an action in the trial court for a judgment declaring that certain real estate in the City of St. Joseph had reverted or should revert to them by reason of a deed provision and, in the alternative, praying for injunctive relief. The trial court sustained defendant's motion to dismiss and plaintiffs have appealed from the ensuing judgment.

Plaintiffs averred that they were all the living bodily heirs of Frederick and Jane...

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