SCHIFFERDECKER v. WILLIS

No. WD 31511.

621 S.W.2d 65 (1981)

G. W. SCHIFFERDECKER and Frances Schifferdecker, Plaintiffs-Appellants, v. Clyde William WILLIS and Glendell Willis Mateers and Ray Ervin Willis and Sidney Clifford Willis and Elsie Marie Willis, Defendants-Respondents.

Missouri Court of Appeals, Western District.

Rehearing Denied August 24, 1981.


Attorney(s) appearing for the Case

Christian F. Stipp, David Thomas, Carrollton, for plaintiffs-appellants.

David P. Macoubrie, James P. Valbracht, Chillicothe, for defendants-respondents.

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


CLARK, Judge.

This action was commenced by Schifferdecker to compel removal of a dam constructed by Willis and to alleviate the overflow of water on Schifferdecker's property which the dam caused. After a bench trial, the relief sought was denied and Schifferdecker appeals.

The facts of the case are essentially not in dispute. All of the land involved in the present controversy is flat river bottom farm property valuable for cultivation when sufficiently dry...

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