SPOONER v. BATES

No. 37672.

550 S.W.2d 200 (1977)

David T. SPOONER et al., Plaintiffs-Respondents, v. Joseph H. BATES et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Three.

April 9, 1977.


Attorney(s) appearing for the Case

Hale W. Brown, Kirkwood, for defendants-appellants.

Richeson, Roberts, Wegeman, Gasaway, Stewart & Schneider, Nicholas G. Gasaway, Hillsboro, for plaintiffs-respondents.


GUNN, Judge.

Defendants appeal from the judgment of the trial court establishing a roadway easement in favor of plaintiffs over lands owned by defendants. On appeal, defendants contend that plaintiffs failed in proving prescriptive use of the roadway for more than ten years and that the trial court erred in admitting certain deposition testimony. We affirm the trial court's judgment.

Plaintiffs' witnesses testified that there had been an open, adverse, visible...

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