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OSBURN v. SUPREME EXP. & TRANSFER CO.

No. KCD 29931.

590 S.W.2d 360 (1979)

Morris E. OSBURN and Adaline Osburn, his wife; Gary Kyle Williams, Individually and as Executor of the Estate of Eva L. Williams, Deceased; Maxwell P. Casey and Sammy Casey, his wife; D. Gary Spencer and Nita A. Spencer, his wife; Paul E. Sapp and Jessie E. Sapp, his wife, Plaintiffs-Appellants, v. SUPREME EXPRESS AND TRANSFER COMPANY, a Missouri Corporation; Harry T. Bussmann, Jr.; and James A. Gresham, Defendants-Respondents. SUPREME EXPRESS AND TRANSFER COMPANY et al., Defendants-Appellants, v. Morris E. OSBURN et al., Plaintiffs-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 29, 1979.

Application to Transfer Denied December 6, 1979.

Attorney(s) appearing for the Case

Robert L. Hawkins, Jr., Hawkins, Brydon & Swearengen, Jefferson City, for plaintiffs-appellants.

Ronald K. Carpenter, Phillips, McElyea, Walker & Carpenter, Camdenton, for defendants-respondents.

Before SHANGLER, P. J., WASSERSTROM, C. J., and CLARK, J.

SHANGLER, Presiding Judge.

The dispute concerns a promontory of land, known as Cooper's Point, on the main channel of the Lake of the Ozarks in Morgan County. The plaintiffs own contiguous tracts of land on the Point on which stand their dwelling houses. These tracts are on an eminence high above the water. The defendant Supreme Express and Transfer Company [wholly owned by defendant Bussmann] has a splendid edifice—...

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