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PRZYBYLSKI v. BARBOSA

No. WD 69632.

289 S.W.3d 641 (2009)

Robert F. PRZYBYLSKI and Bonnie D. Przybylski, Appellants, v. Simon BARBOSA and Louise Mahlandt and Andrew County, Missouri, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 2, 2009.

Application for Transfer Denied September 1, 2009.

Attorney(s) appearing for the Case

Philip A. Klawuhn, Esq., Kansas City, Steven L. Stevenson, Esq., Savannah, MO, for appellants.

Keith Ferguson, Esq., St. Jospeh, MO, for respondent.

Before Division One: ALOK AHUJA, Presiding Judge, HAROLD L. LOWENSTEIN, Judge and THOMAS H. NEWTON, Chief Judge.

HAROLD L. LOWENSTEIN, Judge.

I. INTRODUCTION

This case is one of adverse possession regarding a strip of land dedicated for use as a public road.

II. FACTS

Edward Miller owned a large tract of land located in Andrew County, Missouri, known as Hickory Hills Estates. In January 1978, Hickory Hills Estates was subdivided and platted by filings with the recorder of deeds, and Edward Miller conveyed a strip of land running through the subdivided...

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