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FLORETH v. STATE HIGHWAY COMMISSION

No. 54592.

472 S.W.2d 614 (1971)

Alvin H. FLORETH and Mary Floreth, his wife, Appellants, v. STATE HIGHWAY COMMISSION of Missouri et al., Respondents.

Supreme Court of Missouri, Division No. 1.

November 8, 1971.

Attorney(s) appearing for the Case

Almon H. Maus, Monett, for appellants.

Robert L. Hyder, John H. Gladden, Jefferson City, for respondents.

BARDGETT, Judge.

Action for declaratory judgment and injunction. Plaintiffs appeal from a judgment in favor of defendants. The issue is whether certain land is subject to an easement in favor of respondents. Title to real estate is directly involved. We have jurisdiction. Art. V, § 3, Mo.Const.1945, V.A.M.S.

Alvin Floreth and Mary Floreth, his wife, plaintiffs-appellants, are successors in title to one Musselman. In 1934 Musselman deeded an easement over...

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