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HILLMAN v. HEDGPETH

Nos. 11156, 11166.

600 S.W.2d 625 (1980)

Vern E. HILLMAN and K. Joan Hillman, Plaintiffs-Appellants, v. Leslie Ray HEDGPETH and Estia Florene Hedgpeth, Defendants-Appellants, and Lena M. Kimmons, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Four.

May 27, 1980.

Attorney(s) appearing for the Case

Benjamin J. Francka, Phillip R. Garrison, Farrington, Curtis, Knauer, Hart & Garrison, Springfield, for plaintiffs-appellants.

William A. Wear, Blythe Crist-Brown, Wear & Wear, Springfield, for defendantrespondent.

MAUS, Presiding Judge.

In this action the plaintiffs sought a judgment quieting title to and for possession of 40 acres against defendants Hedgpeth, or in the alternative for recovery upon a breach of covenants of title against their grantor, defendant Kimmons. At the close of the plaintiffs' evidence, the trial court first sustained the "motion for directed verdict" of defendant Kimmons. Then, after refusing their request to withdraw the same, the trial court sustained...

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