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ESTEP v. ATKINSON

No. 18869.

886 S.W.2d 668 (1994)

Bobby Roland ESTEP and Kathryn Estep, Respondents, v. Ray ATKINSON, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 25, 1994.

Attorney(s) appearing for the Case

Richard L. Schnake, Neale, Newman, Bradshaw & Freeman, Springfield, for appellant.

Leland C. Bussell, Richard L. Rollings, Jr., Bussell, O'Neal & Hall, Springfield, for respondents.

CROW, Judge.

Defendant, Ray Atkinson, appeals from an order denying his "Motion to Set Aside Default Judgment." His two points relied on present legal and factual issues. Discussing those issues requires an account of the undisputed facts.

Bobby Roland Estep ("Bobby") commenced the litigation May 10, 1990, by filing an affidavit in Associate Division Two of the Circuit Court of Douglas County. The affidavit stated, in substance: (a) Bobby owns a tract of land...

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