LAWLESS v. SEARS, ROEBUCK & CO.

No. KCD 28531.

555 S.W.2d 79 (1977)

Pierce M. LAWLESS, Sr. and Pauline T. Lawless, Appellants, v. SEARS, ROEBUCK AND COMPANY, Respondent.

Missouri Court of Appeals, Kansas City District.

August 8, 1977.


Attorney(s) appearing for the Case

Thomas M. Sullivan, Eileen S. Sullivan, Kansas City, for appellants.

John R. Gibson, John W. Cowden, Kansas City, for respondent.

Before DIXON, P. J., and WASSERSTROM and TURNAGE, JJ.


WASSERSTROM, Judge.

At issue here is plaintiffs' claim to an easement right of way over a portion of defendant's land. Plaintiffs petitioned to establish such a right, to which defendant answered and counterclaimed for a declaration that they held the land in question free and clear of all easement. At the conclusion of plaintiffs' evidence, the trial court entered judgment on defendant's motion in its favor on both the petition and counterclaim. Plaintiffs appeal...

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