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GREEN v. PEARSON

No. 20829.

937 S.W.2d 743 (1996)

Linda Sue GREEN, Plaintiff-Respondent, v. Laurel PEARSON and Virginia (Ginger) Pearson, Husband and Wife; Lowell Pearson and Brenda Pearson, Husband and Wife; Connie Pearson Boller and Rusty Boller, Wife and Husband, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 27, 1996.

Attorney(s) appearing for the Case

Michael D. Holzknecht, Kansas City, for defendants-appellants.

Ronald F. Fisk, Nevada, for plaintiff-respondent.

SHRUM, Judge.

Plaintiff sued to partition farm real estate in which she claimed an interest as a tenant in common with Defendants. Defendants' answer denied that Plaintiff had any interest in the land and alleged that Plaintiff's petition failed to state a cause of action. Defendants' answer pled that Defendants were in possession of the farm, that "Plaintiff is not entitled to partition pursuant to Supreme Court Rule 96[,]" and that Plaintiff's suit was barred by...

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