MILLER v. BERRY

No. 7227.

270 S.W.2d 666 (1954)

Alma MILLER, Respondent, v. T. A. BERRY and Arve Berry, Appellants.

Springfield Court of Appeals. Missouri.

Rehearing Denied September 7, 1954.


Attorney(s) appearing for the Case

Lawrence E. Scruggs, Malden, Mo., Bradley & Noble, Kennett, Mo., for defendants-appellants.

Riddle & Baker, Malden, Mo., for plaintiff-respondent.


STONE, Judge.

This is an action by plaintiff to enjoin obstruction of a private road across defendants' land. Defendants appeal from a decree granting the requested injunctive relief.

Plaintiff owns a tract of 40 acres (NE¼ SE¼ of Section 13, Township 22N, Range 9E in Dunklin County, Missouri), which plaintiff and her husband, Marshall Miller, who died in 1946, acquired in 1932 as tenants by the entirety. Defendants own a tract of 40 acres (SE &...

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