SOUTHARD v. SOUTHARD

No. 25063.

105 S.W.3d 560 (2003)

John Lester SOUTHARD, Donna G. Southard, and Michael J. Southard, Trustees of the John J. Southard Trust Dated June 16, 1998, Plaintiffs-Respondents, v. Emmett F. SOUTHARD and Valerie Southard, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

May 28, 2003.


Attorney(s) appearing for the Case

Karl W. Blanchard, Jr., Phillip D. Greathouse, Blanchard, Robertson, Mitchell & Carter, P.C., Joplin, for appellants.

Richard J. Collins, Collins, Webster & Rouse, P.C., Joplin, for respondents.


KENNETH W. SHRUM, Judge.

This appeal is from a judgment in a partition suit that purportedly divided a 120-acre real estate tract "in-kind," i.e., sixty acres to Plaintiffs and sixty acres to Defendants. Defendants maintain their rights were so prejudiced by the judgment as to mandate reversal. Their principal claim of prejudice is that the division "landlocked" one-half of the acreage awarded to them. In a separate point, Defendants assert the trial court erred in...

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