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RHODES v. HUNT

No. 20105.

913 S.W.2d 894 (1995)

Donald R. RHODES, Successor Trustee of the Dorothy Spears Revocable Trust and Personal Representative of the Estate of Dorothy Spears, deceased; Vivian Thompson; Dan Spears; Ronald Spears; Imogene Hawkins; and Rickie Kent Spears; Plaintiffs/Appellants, v. Evelyn HUNT and Carl Hunt, husband and wife; Dorothy Dykes; Gary Lee Heath; Janice Bengel; Jerry Edwin Heath; and Paul Lewis Vanacker, Individually and as Trustee, Defendants/Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied January 3, 1996.

Application to Transfer Denied February 20, 1996.

Attorney(s) appearing for the Case

Tom K. O'Loughlin II, O'Loughlin, O'Loughlin & McManaman, Cape Girardeau, for Plaintiffs/Appellants.

James E. Spain, Keith D. Sorrell, Spain, Merrell and Miller, Poplar Bluff, and Yewell G. Lawrence, Jr., Dexter, for all Defendants/Respondents except Paul Lewis Vanacker.

No appearance, for Defendant/Respondent Vanacker.

Motion for Rehearing and Transfer to Supreme Court Denied January 3, 1996.

CROW, Judge.

This multi-count action is a dispute mainly between offspring of Gilbert Spears and Dorothy Spears, both deceased. By Count VI of their first amended petition, the plaintiffs (whom we shall introduce infra) sought judgment setting aside a quitclaim deed.

The trial court severed Count VI from the other counts for purpose of trial and heard it with an advisory...

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