KUNDERT v. POWELL

No. 50183.

376 S.W.2d 237 (1964)

Rebecca Gilbert KUNDERT et al., Appellants, v. Ray POWELL, Donald Gretzinger, Mildred Mozelle Gretzinger, and Gilbert L. Weidman, Respondents.

Supreme Court of Missouri, Division No. 1.

March 9, 1964.


Attorney(s) appearing for the Case

Earl Youree, Wagner, Okl., Robert L. Spurrier, Butler, for appellants.

William J. Cason, Harold L. Caskey, Clinton, for respondents Donald Gretzinger and Mildred Mozelle Gretzinger.

Belisle & McNabb, H. H. McNabb, Jr., Butler, for respondents Ray Powell and Gilbert Weidman.


COIL, Commissioner.

Appellants (plaintiffs below) filed their second amended petition to quiet title to certain real estate in Bates County. Respondents (defendants below) filed motions (two) to dismiss the petition for the reason that it "fails to state a cause of action." The court sustained those motions and plaintiffs appealed from the judgment of dismissal.

Plaintiffs averred that they and defendant Weidman were the children or grandchildren of brothers...

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