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SEVENTY-NINTH STREET IMPROVEMENT CORP. v. ASHLEY

No. 57493.

509 S.W.2d 121 (1974)

SEVENTY-NINTH STREET IMPROVEMENT CORPORATION, Respondent, v. James G. ASHLEY, Jr., Olive J. Ashley, Executrix of the Estate of James G. Ashley, Sr., Partners dba Kansas City Public Service Freight Operation, Appellants.

Supreme Court of Missouri, Division No. 2.

May 13, 1974.

Attorney(s) appearing for the Case

Russell S. Noblet, Shook, Hardy, Mitchell & Bacon, Kansas City, for plaintiff-respondent.

L. R. Magee, Hines & Magee, Kansas City, for defendant-appellant.

STOCKARD, Commissioner.

Plaintiff's action was for a declaratory judgment that a deed dated in 1923 conveyed only an easement to the grantees. Judgment was for plaintiff and defendants have appealed.

The facts were stipulated. In 1923 the predecessors of defendants acquired a strip of land 19 feet in width across various lots of land including adjoining lots 394 and 402, now owned by plaintiff. The deed provided the acquisition was "for railroad purposes and...

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