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AVERY v. McHUGH

No. 32732.

423 S.W.2d 17 (1967)

Ronald J. AVERY and Charlotte Avery, his wife, and James F. Avery and Lou H. Avery, his wife, Plaintiffs-Respondents, v. James B. McHUGH, Trustee in accordance with trust powers in Trust Agreement recorded in Book 183, page 63, in the office of the Recorder of Deeds of Franklin County, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied December 26, 1967.

Motion to Transfer Denied February 12, 1968.

Attorney(s) appearing for the Case

Leo A. Politte, Politte, Moll & Poertner, Washington, for defendant-appellant.

James L. Anding, Anding & Anding, Pacific, for plaintiffs-respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied December 26, 1967.

TOWNSEND, Commissioner.

Action for breach of warranty of seisin, in which plaintiffs had a verdict for $5,500. From a judgment thereon defendant appeals.

On June 11, 1964, the defendant McHugh, as trustee, executed a general warranty deed covering lands in Franklin County, naming the plaintiffs as grantees therein. A recitation of the complete description of the lands purportedly...

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