HUTER v. BIRK

No. 53957.

439 S.W.2d 741 (1969)

Walter J. HUTER and Cora Huter, Plaintiffs-Respondents, v. Truman BIRK and Shirley Birk, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

April 14, 1969.


Attorney(s) appearing for the Case

Buerkle & Lowes, Albert C. Lowes, Kenneth L. Waldron, Jackson, for appellants.

Stephen N. Limbaugh, Limbaugh, Limbaugh & Russell, Cape Girardeau, for respondents.


WELBORN, Commissioner.

Action to determine rights of plaintiffs in a roadway across defendants' land and to enjoin interference with plaintiffs' right to use road. First count, based on claim of right by prescription, was submitted to jury which found for plaintiffs. Court entered judgment on verdict and also issued injunction. Defendants appeal.

Sometime prior to 1918, one Strong became the owner of a tract of land of unspecified acreage in Cape Girardeau...

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