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SCHROEDER v. PROCTOR

No. WD 69479.

280 S.W.3d 724 (2009)

Dan P. SCHROEDER and Linda L. Schroeder, husband and wife and Mark A. Schroeder, Respondents, v. Gloria D. PROCTOR, Marvin E. Proctor and Virgle E. Farris and Wanda J. Farris, Trustees under The Virgle E. Farris and Wanda J. Farris Revocable Trust, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 31, 2009.

Application for Transfer Denied May 5, 2009.

Attorney(s) appearing for the Case

Mark Wood Comley, Jefferson City, MO., for appellant.

Jonathan C. Browning, Jefferson City, MO., for respondent.

Before LISA W. HARDWICK, P.J., JAMES SMART and JOSEPH P. DANDURAND, JJ.

JOSEPH P. DANDURAND, Judge.

Virgle and Wanda Farris and Marvin and Gloria Proctor appeal the judgment of the trial court denying their claim of adverse possession. On appeal, the Farrises and Proctors assert that the trial court erred in entering judgment in favor of Dan and Linda Schroeder because (1) possession of the disputed property satisfied the "hostile" requirement of adverse possession; and (2) possession of the disputed property was "open and notorious"...

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