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RHODES v. NICKLAS

No. WD 31996.

624 S.W.2d 504 (1981)

Dwight D. RHODES, Robert B. Rhodes, June L. Bency, Howard I. Rhodes, and Thomas H. Rhodes, Plaintiffs-Appellants, v. Donald B. NICKLAS and Sherie D. Nicklas, Defendants-Respondents.

Missouri Court of Appeals, Western District.

November 3, 1981.

Attorney(s) appearing for the Case

Joe D. Holt, Holt, Krumm, Hamilton, Mays & Shryock, Fulton, for plaintiffs-appellants.

James W. Gallaher, Bushmann, Neff & Gallaher, Jefferson City, for defendants-respondents.

Before TURNAGE, P. J., and PRITCHARD and CLARK, JJ.

TURNAGE, Presiding Judge.

Dwight Rhodes and others brought this suit to enjoin the Nicklases from interfering with a cemetery located on land purchased by the Nicklases. The court entered judgment in favor of the Nicklases and Rhodes appeals.

The contentions concern whether or not the cemetery was properly established as a private cemetery. Reversed and remanded.

There is little, if any, dispute as to the facts. In 1878, Fanny Frazier conveyed the...

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