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LEE v. SMITH

No. 9135.

484 S.W.2d 38 (1972)

Joyce G. LEE and Ursula A. Lee, Plaintiffs-Appellants, v. Ralph C. SMITH and Eileen M. Smith, husband and wife, et al., Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

August 2, 1972.

Attorney(s) appearing for the Case

Claude T. Wood, Dale H. Close, Richland, for plaintiffs appellants.

Hugh Phillips, John E. Parrish, Phillips & Parrish, Camdenton, for defendants respondents.

HOGAN, Judge.

Plaintiffs brought this action to have an allegedly existing roadway declared a public road under the provisions of § 228.190, R.S.Mo. (1969)1 and to enjoin defendants from obstructing that road. Trial to the court has resulted in a judgment adverse to the plaintiffs, and they appeal.

The parties are adjoining landowners. A description of the land belonging to each is set out in the original and amended petitions...

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