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TOOMBS v. RILEY

No. KCD 30463.

591 S.W.2d 235 (1979)

Donnie TOOMBS and Annie Toombs, Plaintiffs-Respondents, v. Floyd E. RILEY, Defendant and Third-Party Plaintiff and Respondent, v. JACK SIMPSON CONTRACTOR, INC., a Missouri Corporation, Third-Party Defendant and Third-Party Plaintiff and Respondent, v. Curtis E. ZWONITZER and Cora B. Zwonitzer, Third-Party Defendants and Appellants.

Missouri Court of Appeals, Western District.

December 3, 1979.

Attorney(s) appearing for the Case

Channing D. Blaeuer, Cynthia A. Suter, Blaeuer & Suter, Moberly, for third-party defendants and appellants.

J. David Collins, Macon, for Toombs.

Rex V. Gump, Moberly, for Riley.

Marion E. Lamb, Moberly, for Simpson.

Before SHANGLER, P. J., and SWOFFORD and CLARK, JJ.

SHANGLER, Presiding Judge.

This appeal comes from an order to deny intervention to [second] third-party defendants Zwonitzer, the remote warrantors in a chain of title to certain real estate.

The plaintiffs Toombs sued one Riley for an adverse claim of title and occupancy of a portion of their land. Count I sought to quiet title to the land in the plaintiffs. Count II was for damages for trespass. Count III sought ejectment and damages. The defendant Riley...

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