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THURMOND v. MOXLEY

No. 18995.

879 S.W.2d 709 (1994)

Margaret Moore THURMOND and James Moore Thurmond, Plaintiffs-Respondents, v. Freida M. MOXLEY, Individually and as Successor Trustee, Lee Roy Chambers, Ronald E. Chambers, and Jackie R. Chambers, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer Denied July 6, 1994.

Application to Transfer Denied August 15, 1994.

Attorney(s) appearing for the Case

W. Edward Reeves, Ward & Reeves, Caruthersville, for plaintiffs-respondents.

Tom K. O'Loughlin II, O'Loughlin, O'Loughlin & McManaman, Cape Girardeau, for defendants-appellants.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 6, 1994.

PREWITT, Judge.

Plaintiffs filed a "Petition in Ejectment" seeking the recovery of 5.244 acres of land. Defendants answered, claiming the right to possession of the property. Following nonjury trial, judgment was entered in favor of plaintiffs for possession of the disputed land except for a small portion near a house which defendants claimed to own. Defendants appeal.

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