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LACKEY v. JOULE

No. KCD 29947.

577 S.W.2d 114 (1978)

Alvin S. LACKEY and Vivian Lackey, Plaintiffs-Respondents, v. Ted L. JOULE, Aretha F. Joule, Beverly Joule Daniels and Gary Leech, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied January 31, 1979.

Application to Transfer Denied March 13, 1979.

Attorney(s) appearing for the Case

Harry T. Limerick, Jr., Columbia, for defendants-appellants.

Hilda N. Petri, Columbia, for plaintiffsrespondents.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, J J.

TURNAGE, Judge.

Alvin S. Lackey and Vivian Lackey sought an injunction against Ted L. Joule, his wife, son and daughter to prohibit them from interfering with the continued use of a portion of a septic tank lateral underlying the Joule property. The court entered an injunction against the Joules and this appeal followed.

The Joules contend the finding of an easement by implication was not supported by the evidence and the evidence showed an agreement not to...

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