SHEPHERD v. SPURGEON

No. 45074.

291 S.W.2d 162 (1956)

E. E. SHEPHERD, Jr., Ruth Shepherd, Ell Gingerich and Janie Gingerich, Plaintiffs-Respondents, v. L. D. SPURGEON and A. D. Van Horn, Defendants-Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer to Denied June 11, 1956.


Attorney(s) appearing for the Case

Charles N. Pettit, Bloomfield, Iowa, Jayne & Jayne, Kirksville, for appellants.

L. F. Cottey, Lancaster, for respondents.


Motion for Rehearing or to Transfer to Court en Banc Denied June 11, 1956.

VAN OSDOL, Commissioner.

This is an action to try, ascertain and determine title to 300.77 acres of described land in Schuyler County. The issue is the validity of a recital in a deed conveying the property, by which recital the business use of the land is restricted. Plaintiffs sought a determination that the restriction is void, and a decree determining title free of the could of...

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