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THEROS v. PHILLIPS

No. 46732.

256 N.W.2d 852 (1977)

Frank THEROS, et al., Appellants, v. Elly PHILLIPS, Individually, and as Trustee of the Trusts Created under the Last Will and Testament of Nicholas B. Phillips, Deceased, Respondent.

Supreme Court of Minnesota.

July 15, 1977.

Attorney(s) appearing for the Case

Mastor & Mattson and Charles A. Bassford, Jr., and Richard J. Gunn, Minneapolis, for appellants.

Leonard, Street & Deinard and Morris M. Sherman and Stephen J. Davidson, Minneapolis, for respondent.

Heard before MacLAUGHLIN, SCOTT, and STAHLER, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

This is an action arising out of a dispute between adjacent property owners involving the location of the boundary line separating their premises. Plaintiffs, Frank, Eugenia, George, and P. Robert Theros, and Kings Inn, Inc., sued defendant, Elly Phillips, seeking an order of the district court (1) to reform the legal description of the boundary line as contained in a deed dated August 4, 1941, to reflect what plaintiffs maintain was the true...

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