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SHAW v. WERTZ

No. 49773.

369 S.W.2d 215 (1963)

Eva A. SHAW, Guy D. Shaw, Robert C. Smith, Reuban J. Smith, Archie M. Smith, Minnie Mellott Thornburg, Pearl DePue Hart and Anna DePue Ream, Appellants, v. Julia Mellott WERTZ et al., Respondents.

Supreme Court of Missouri, Division No. 2.

July 8, 1963.

Attorney(s) appearing for the Case

T. Bryant Johnson, Thomas M. Johnson, Osceola, for appellants.

Ewing, Ewing, Ewing, Carter & Wight, Robert L. Ewing, Nevada, for respondents.

STOCKARD, Commissioner.

Plaintiffs have appealed from the judgment of the Circuit Court of Vernon County wherein it was decreed that they have no title to the Southwest Quarter of Section 22, Township 35 North, Range 31 West. Title to real estate is involved and this court has appellate jurisdiction.

The petition is entitled an action for partition, but it is in fact a petition to determine title to real estate, and then to partition in the event plaintiffs...

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