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668 S.W.2d 605

Berry v. Suttles

Missouri Court of Appeals

Decided March 27, 1984

Missouri Court of Appeals · decided 1984-03-27

Cited by 2 later decisions — most recently October 1990

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1984-03-27

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CRIST, Judge.

¶1Action in ejectment. The trial court settled a dispute as to location of a fence with reference to a property line common to both parties. It awarded damages to respondents. We affirm.

¶2In their first Point, appellants contend the trial court erred by incorporating into the judgment a survey, claiming this survey conflicted with and was superimposed upon an established prior survey. In their second Point, appellants object to the award of damages to respondents.

¶3As to Point I, the survey incorporated in the judgment did not conflict with the prior established survey. It established respondent’s fence was not located on a common boundary line. As to Point II, there was substantial evidence supporting the award of damages to respondents.

¶4The judgment of the trial court is supported by substantial evidence, and is not against the weight of the evidence. No error of law appears. An opinion would have no precedential value.

¶5Judgment affirmed in accordance with Rule 84.16(b).

DOWD, C.J., and REINHARD, J., concur.
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