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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)

Citation
Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)
Parent Document
Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)
Jurisdiction
Missouri (state)
Effective Date
2010-01-19

Other Sections in This Document (76)

Full Text

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their maintenance of the property and their dealings with the government). The fact that the Hoffmans allowed people on the land for hunting does not show that they did not have the legal right to exclude people. Hunting on the 350 acres of land was a tradition carried forward from Siler and Smoots, both of whom liked to hunt and invited friends to hunt. The fact that the Hoffmans carried it forward does not inform us as to whether the Hoffmans understood they had the power, if they wished to exercise it, to exclude hunters, or whether they simply accepted the tradition rather than disappoint Smoots and others. There was no evidence of any kind that any hunting activities had ever interfered with the Hoffmans’ planting, cultivating, and harvesting activities on the tillable land, or with their maintenance of the entire property, or that the Hoffmans had ever been concerned about the possibility. Had there been evidence that the Hoffmans had asked Smoot, Jones and the others not to hunt