White v. Bevier Coal Co.

WESTHUES, C.

Plaintiffs filed this suit against the defendant Bevier Coal Company for the purpose of determining the title, rights, and interest of plaintiffs and the defendant in, a tract of land containing about 20 acres in Macon County, Missouri.

The trial court entered a decree and the defendant Coal Company appealed. The appeal was taken to the Kansas City Court of Appeals and that court transferred the case to this court on the ground that title to real estate was involved. See 254 S. W. (2d) 42.

The issue as presented by plaintiffs’ petition and the answer of the defendant concerns the…