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JUDGE v. DURHAM

No. 44318.

274 S.W.2d 247 (1955)

Mae JUDGE, Plaintiff-Respondent, v. Milton Earl DURHAM, Nabby K. Durham, C. A. Noell and Fern Noell, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

January 10, 1955.

Attorney(s) appearing for the Case

Don C. Carter, Sturgeon, and W. M. Stringer, Moberly, for appellants.

Raymond L. Falzone and W. B. Stone, Moberly, for respondent.

DALTON, Presiding Judge.

Action in equity for an injunction to prevent interference with an alleged easement for the purpose of travel over described real estate, a driveway, in the city of Moberly, Randolph County, Missouri, and for actual and punitive damages for prior interference with plaintiff's use of the easement. The cause was tried to the court in separate hearings, first as to existence of the claimed easement and second as to the amount of damages. Injunctive...

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