GARDNER v. HANCOCK

No. 20167.

924 S.W.2d 857 (1996)

Ruth Elizabeth GARDNER, Respondent, v. Deward E. HANCOCK, Sr. and Ruth C. Hancock, and Josephine Gardner Broyles and William O. Broyles, Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Reconsideration Denied May 29, 1996.


Attorney(s) appearing for the Case

William R. Robb, Price, Fry & Robb, Springfield, for appellants.

Jerry M. (Jay) Kirksey, Douglas, Lynch, Haun & Kirksey, P.C., Bolivar, for respondent.


MONTGOMERY, Presiding Judge.

Ruth Elizabeth Gardner (Respondent), James Gardner's niece, brought a quiet title action with an alternative count for partition against Josephine Gardner Broyles (Appellant).1 After a bench trial, the trial court determined that Appellant is the equitably adopted daughter of Stanford R. Chapman and Josie E. Chapman and is "judicially estopped" from asserting she is an heir of James Gardner, her natural father...

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