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ALEY v. HACIENDA FARMS, INC.

No. 10747.

584 S.W.2d 126 (1979)

Tom ALEY, d/b/a Ozark Underground Laboratory, Plaintiff-Appellant, v. HACIENDA FARMS, INC., a corporation, and John Hunter, an Individual, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

June 27, 1979.

Attorney(s) appearing for the Case

Gary W. Allman, Cantwell & Allman, Branson, for plaintiff-appellant.

Bob J. Keeter, Schroff, Keeter, Glass & Newberry, P. C., Springfield, Robert Stemmons, Mount Vernon, for defendants-respondents.

TITUS, Judge.

Plaintiff's first amended petition filed March 28, 1975, asked actual and punitive damages of defendants for real estate trespass. The petition aped the description of the property recited in the March 18, 1966, deed given plaintiff by his grantors. Neither the deed nor the petition asserted that plaintiff's north property line was delineated by an agreed boundary fence. On the day trial commenced, April 6, 1977, or two years after the first amended...

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