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DALTON v. JOHNSON

No. 47224.

320 S.W.2d 569 (1959)

James H. DALTON and Leona I. Dalton, Appellants, v. D. A. JOHNSON, Respondent.

Supreme Court of Missouri, Division No. 1.

February 9, 1959.

Attorney(s) appearing for the Case

James L. Paul, Pineville, for appellants.

W. J. Collingsworth, Pineville, and Douglas & Douglas, Neosho, for respondent.

HOLMAN, Commissioner.

In this action plaintiffs sought an adjudication to the effect that they had acquired an easement by prescription to use a fenced passageway over land owned by defendant. A trial before the court resulted in a judgment for defendant. Plaintiffs appealed to the Springfield Court of Appeals but that court was of the view that title to real estate was directly involved and accordingly transferred the...

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