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CREWS v. TUSHER

No. 12607.

651 S.W.2d 677 (1983)

Howard CREWS and Donna Crews, his wife, Plaintiffs-Respondents, v. Uel TUSHER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

May 6, 1983.

Attorney(s) appearing for the Case

Rich D. Moore, Moore, Brill & Wagoner, West Plains, for defendant-appellant.

JoAnne Spears Jackson, West Plains, for plaintiffs-respondents.

MAUS, Judge.

By Count I of their petition, the plaintiffs essentially alleged the following. They owned a described tract of 40 acres. In February, 1980, the defendant entered that tract and cut timber with a value of $3,120. They prayed for a judgment under § 537.340 for $9,360. By Count II the plaintiffs again alleged that in February, 1980, the defendant entered that tract. They also alleged that on September 1, 1980, the defendant again entered and cleared...

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