MILLS v. TAYLOR

No. 43845.

270 S.W.2d 724 (1954)

E. F. MILLS and Flora Mills, Appellants, v. D. I. TAYLOR, Respondent.

Supreme Court of Missouri. Division No. 1.

September 13, 1954.


Attorney(s) appearing for the Case

Justin Ruark, Neosho, James Paul, James Tatum, Pineville, for appellants.

Robert E. Yocom, Springfield, for respondent.


DALTON, Presiding Judge.

Action in equity on the theory of equitable estoppel to establish and have adjudged, as a "commonly owned appurteance to" plaintiffs' real estate, the existence of a permanent easement for passage over a small area in the corner of defendant's real estate and for an injunction to restrain defendant from interfering with plaintiffs' use of the easement. Defendant denied the existence of the easement, but admitted that plaintiffs owned the adjoining...

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