DOYLE v. LOWREY

No. 36474.

698 S.W.2d 56 (1985)

Albert DOYLE, Jr., and Naomi Doyle, Appellants, v. William G. LOWREY and Tessa P. Lowrey, and the City of Kearney, Missouri, Respondents.

Missouri Court of Appeals, Western District.

September 24, 1985.


Attorney(s) appearing for the Case

Joseph Y. DeCuyper, DeCuyper & Associates, Kansas City, for appellants.

David K. Holdsworth, Krebbs & Holdsworth, Liberty, for respondents.

Before SOMERVILLE, P.J., and PRITCHARD and LOWENSTEIN, JJ.


PER CURIAM:

This is an action to partition a strip of real estate (10 feet by 698 feet) that runs parallel to Washington Street in Kearney, Missouri. The suit was brought by the Doyles, the appellants, ultimately seeking the title owners, the Lowrey's, respondents here, be declared tenants in common with the Doyles and the land sold and proceeds be divided. As a party the city of Kearney withdrew just before trial on the theory it had an interest in the land which...

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