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KLUCK v. METSGER

No. 48486.

349 S.W.2d 919 (1961)

Frank J. KLUCK, Albert Kluck, Mary Brown, John Kluck, Peter Kluck, Irene Mills, Lee Kluck, Martin Kluck, Jr., Clara Blinzler, Eugene Kluck and Rosemary Lang, (Plaintiffs) Appellants, v. Helene METSGER, A. Francis Metsger, Jr., and Margaret K. Metsger, (Defendants) Respondents.

Supreme Court of Missouri, Division No. 1.

October 9, 1961.

Attorney(s) appearing for the Case

Oral H. McCubbin, Robert Stemmons, Mt. Vernon, for appellants.

Edward V. Sweeney, John D. Rahoy, Monett, for respondents.

HYDE, Judge.

Action to try and determine title to real estate to which plaintiffs claimed title. Defendants by their answer claimed title and asked a judgment declaring them owners in fee simple. The court adjudged title in defendants and plaintiffs have appealed.

The case was submitted on the deed involved, set out in the pleadings, and the following agreed facts:

"Martin Kluck, Sr., died intestate in Lawrence County, Missouri, on October 18, 1952...

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