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BROWN v. WILKINSON

No. 34621.

495 S.W.2d 678 (1973)

Marquis A. BROWN, Respondent, v. Leo WILKINSON et al., Appellants.

Missouri Court of Appeals, St. Louis District.

May 15, 1973.

Attorney(s) appearing for the Case

Kenneth W. Shrum, Marble Hill, for respondent.

Limbaugh, Limbaugh & Russell, Richard D. Kinder and Don U. Elrod, Cape Girardeau, for appellants.

CLEMENS, Judge.

In this court-tried case plaintiffs got a treble-damage judgment against Wilkinson under the tortious trespass statute (§ 537.3401) for cutting trees on their property. Plaintiffs concede they did not have record title to the five-acre tract where the trees grew but contend they had acquired ownership thereto by adverse possession.

Two square adjoining 40-acre tracts are involved. Plaintiffs owned the south...

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