Opinion
WD 86108
11-28-2023
Sandra POTTS, et al., Appellants, v. The ARTHUR BURGER TRUST, et al., Respondent.
Richard Schnake, Springfield, MO counsel for appellants. James Spangler, Sedalia, MO co-counsel for appellants. Bryan Wolford, California, MO counsel for respondent.
Appeal from the Circuit Court of Cooper County, Missouri, The Honorable Robert L. Koffman, Judge Richard Schnake, Springfield, MO counsel for appellants.
James Spangler, Sedalia, MO co-counsel for appellants.
Bryan Wolford, California, MO counsel for respondent.
Before Division Two: Mark D. Pfeiffer, Presiding Judge, Alok Ahuja, Judge, and Thomas N. Chapman, Judge
ORDER
Per Curiam:
Sandra Potts and her son, Zachary Whitson, appeal the judgment of the Circuit Court of Cooper County denying their Rule 74.06(b) motion for relief from the May 24, 2021 judgment entered against them in their underlying adverse possession action against Arthur Bürger and the Arthur E. Burger Trust U/A/D March 4, 2016. In points one through four, they contend that the trial court abused its discretion in refusing to set aside the underlying judgment under Rule 74.06(b) based on mutual mistake about discrepancies in the deeds of their predecessors in title and 1919 affidavits of adverse possession recorded in Copper County, In point five, they contend that the trial court erroneously ruled that the 1919 affidavits would not be admissible in a new trial. Because a published opinion would have no precedential value, a memorandum explaining the reasons for this decision has been provided to the parties. The judgment is affirmed. Rule 84.16(b).