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MOORE v. ROGERS

No. 54634.

457 S.W.2d 772 (1970)

Robert L. MOORE and Orelle A. Moore, his wife, Plaintiffs-Respondents, v. John D. ROGERS and Mary Rogers, his wife, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 14, 1970.

Attorney(s) appearing for the Case

Harold L. Henry, West Plains, for plaintiffs-respondents.

Hildebrandt & Smith, Wayne C. Smith, Jr., Springfield, for defendants-appellants.

MORGAN, Judge.

In this ejectment action, plaintiffs prevailed in the trial court and appeal was taken to the Springfield Court of Appeals. Having sustained defendants' application for transfer, we review the case "as on original appeal." Rule 84.05(h), V.A.M.R.

For many years, defendants had owned a farm in Howell County which contained approximately 438 acres. On February 26, 1963, they entered into a written contract...

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