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CITY OF SOUTH GREENFIELD v. CAGLE

No. 11052.

591 S.W.2d 156 (1979)

The CITY OF SOUTH GREENFIELD, Missouri, a municipal corporation, Plaintiff-Respondent, v. Lee CAGLE and Effie A. Cagle, his wife, William A. King and Almer King, his wife, if living, if deceased, their unknown consorts, heirs, devisees, donees, alienees or immediate mesne or remote, voluntary or involuntary grantees and John H. Howard and Sarah C. Howard, his wife, if living, if deceased, their unknown consorts, heirs, devisees, donees, alienees or immediate mesne or remote voluntary or involuntary grantees, Defendants-Respondents, v. Christie B. JONES, Intervenor-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

Rehearing Denied December 3, 1979.

Attorney(s) appearing for the Case

No appearance for plaintiff-respondent.

Robert L. Payne, Greenfield, for defendants-respondents Cagle.

Robert Stemmons, Mt. Vernon, for intervenor-appellant.

PREWITT, Judge.

Intervenor appeals from a judgment denying her request to quiet title in her to a 40 X 165 foot parcel of land in South Greenfield, Missouri.

Plaintiff filed a petition for injunction, seeking to have removed three fence posts installed by defendants Cagle, purportedly located on an 80 foot public roadway. Apparently 80 feet had been set aside for a roadway, but not all of it was being used. The used portion was approximately 25 feet wide....

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