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Von Behren v. Oberg
Missouri Court of Appeals
902 S.W.2d 338 (1995)
Larry and Nancy Von Behren (plaintiffs) owned a three-fourths interest in a 170-acre tract of land. Shirley Oberg owned the other one-fourth interest. The tract was hilly and a river flowed through the property, effectively severing a field at the bottom of the tract. The Von Behrens filed a petition for partition of the property. An expert witness hired by Oberg testified that the tract was actually worth less as a whole than if broken up into smaller tracts. The trial court ordered partition in kind, awarding Oberg 50 acres and the Von Behrens 120 acres. The Von Behrens appealed.
Rule of Law
Holding and Reasoning (Crandall, J.)
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