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DUNCAN v. RAYFIELD

No. 13852.

698 S.W.2d 876 (1985)

Kenneth DUNCAN and Grace Duncan, his wife, Plaintiffs-Respondents, v. George RAYFIELD, et al., Including Separate Defendants, Charles Duncan and Mary Duncan, his wife, Defendants-Respondents, and Separate Defendant, Lorene Duncan, Defendant-Appellant, Duncan Brothers, Inc., Intervenor-Defendant-Respondent, Erma Jean Good, et al., Intervenors-Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing or Transfer Denied September 23, 1985.

Application to Transfer Denied November 21, 1985.

Attorney(s) appearing for the Case

J.B. Schnapp, Schnapp, Graham & Reid, Fredericktown, for defendant-appellant.

L. Dwayne Hackworth, Hackworth and Schuller, Piedmont, for plaintiffs-respondents.

FLANIGAN, Judge.

The issue is whether the trial court erred in holding that a resulting trust arose in favor of respondent Duncan Brothers, Inc., a Missouri corporation, ("the corporation"), with respect to a tract of land, of approximately 453 acres, in Wayne County. Appellant is Lorene Duncan, ("Lorene"), now Lorene Duncan Lovelace, who on October 1, 1970, obtained record title, as a tenant in common, to an undivided ¼ interest in approximately 460 acres of...

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