BERRY v. CHITWOOD

No. 48451.

362 S.W.2d 515 (1962)

Leon BERRY, Appellant, v. Johnnie L. CHITWOOD and Carrie Chitwood, his wife, Respondents.

Supreme Court of Missouri, Division No. 2.

December 11, 1962.


Attorney(s) appearing for the Case

J. Ben Searcy, Eminence, Hogan & Hogan, Robert E. Hogan, West Plains, for appellant.

Dorman L. Steelman, Salem, for respondents.


STOCKARD, Commissioner.

Leon Berry has appealed from a judgment dismissing his petition with prejudice in which he alleged that a prior judgment was void and constituted a cloud on his title to a tract of land in Reynolds County. Portions of this opinion are taken from a previously prepared opinion without the use of quotation marks.

Accepting as true the allegations in the petition, we have these facts. In April 1954 plaintiff instituted an action against...

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