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O'BRIEN v. RICHTER

No. 54666.

455 S.W.2d 473 (1970)

Richard J. O'BRIEN and Esther M. O'Brien, (Plaintiffs) Appellants, v. Alvina RICHTER, Henry Richter, Leonard Lemkemann, Laura Lemkemann, Louis Lemkemann, Nicholas Lemkemann, Loretta Lemkemann, Norman Lemkemann, Jo Ann Lemkemann, and Ima Lemkemann, (Defendants) Respondents.

Supreme Court of Missouri, Division No. 1.

June 8, 1970.

Attorney(s) appearing for the Case

Lewis, Rice, Tucker, Allen & Chubb, J. L. Pierson and John Torrey Berger, Jr., St. Louis, for plaintiffs-appellants.

Robert C. Jones, Ziercher, Tzinberg, Human & Michenfelder, Clayton, for defendants-respondents.

THEODORE McMILLIAN, Special Judge.

This is a suit to determine the width of an easement or roadway across the land of the plaintiffs. The case was submitted upon a stipulation of facts; and, thereafter, the circuit court of St. Louis County, Missouri, granted defendants a 50-foot-wide roadway across the land of the plaintiffs as an outlet to a public highway. Plaintiffs appealed.

There is no dispute about the existence of the easement. In November 1867, the...

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