BLUMENBERG v. MINTON

No. 35096.

507 S.W.2d 26 (1974)

Wesley BLUMENBERG and Eloise Blumenberg, His Wife, Plaintiffs-Appellants, v. William C. MINTON, a/k/a Will Minton and Elizabeth Minton, a/k/a Lizzie Minton, His Wife, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District.

March 5, 1974.


Attorney(s) appearing for the Case

Timothy F. Ruddy, Cape Girardeau, for plaintiffs-appellants.

Finch, Knehans, Cochrane, Bradshaw & Strom, Cape Girardeau, for defendants-respondents.


DOWD, Chief Judge.

Appeal from the denial of plaintiffs' petition for a mandatory injunction. Plaintiffs seek to compel defendants to remove a carport allegedly built partially on plaintiffs' land. This alleged encroachment consists of a triangular strip of concrete flooring two feet in depth and fourteen and one-half feet along the side. The facts necessary for resolution of this appeal are as follows.

In May, 1944, defendants obtained from Clara, Fred, and...

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