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MONTGOMERY v. CLARKSON

No. 61221.

585 S.W.2d 483 (1979)

Elizabeth Ann MONTGOMERY, Plaintiff-Appellant, v. Bessie CLARKSON, Defendant-Respondent, and Charles I. Stewart et al., Defendants.

Supreme Court of Missouri, En Banc.

September 11, 1979.

Attorney(s) appearing for the Case

Richard N. Brown, Brown & Casey, Brookfield, for plaintiff-appellant.

Harry L. Porter, Marceline, for defendant-respondent.

Jack D. Lukehart, Brunswick, Robert G. Smith, Brookfield, for defendants.

DONNELLY, Judge.

This is a suit for partition of land in Chariton County, Missouri.

On January 28, 1943, a Warranty Deed to the land was executed, naming as grantees "James E. Stewart and Nancy E. Stewart, jointly." Nancy E. Stewart was the niece of James E. Stewart. Both grantees are deceased. James E. Stewart died in February, 1944. Nancy E. Stewart died August 16, 1976.

The trial court denied partition, and found that the deed, dated January 28...

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