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SMITH v. McCLARD

No. 33260.

439 S.W.2d 246 (1969)

Joel Grady SMITH and Ledia Ann Smith, Plaintiffs-Respondents, v. O. D. McCLARD and Stella McClard, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

March 18, 1969.

Attorney(s) appearing for the Case

Claude Arnold, Dexter, for defendants-appellants.

Paul McGhee, Dexter, for plaintiffs-respondents.

BRADY, Judge.

Plaintiffs' petition was in two counts: Count I—an ejectment action and prayer for damages; Count II prayed for an injunction against the locking of a gate which barred plaintiffs from access to their land. Count I was tried to a jury and resulted in a verdict for plaintiffs with damages assessed at $50.00. Count II was tried to the court which found for plaintiffs and entered an injunction. Appeal was first made to the Supreme Court of this State...

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