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HOLLARS v. CHURCH OF GOD OF APOSTOLIC FAITH

No. 10793.

570 S.W.2d 345 (1978)

Andrew J. HOLLARS and Esther Hollars, his wife, Plaintiffs-Respondents, v. The CHURCH OF GOD OF the APOSTOLIC FAITH, INC., a corporation, Defendant-Appellant.

Missouri Court of Appeals, Springfield District, En Banc.

August 14, 1978.

Attorney(s) appearing for the Case

Robert S. Wiley, Crane, for plaintiffs-respondents.

Keith V. Williams, Springfield, for defendant-appellant.

PER CURIAM.

Plaintiffs initiated suit to acquire access to their 40-acre tract of farm land in Stone County, Missouri. Said tract was separated from Highway 13 by a parcel of land owned by defendant and operated as the Old Elm Tree Church. Plaintiffs alleged that they should have access across the churchyard by virtue of (1) a prescriptive easement; (2) an easement pursuant to a contract between plaintiffs and the ruling body of the Old Elm Tree Church; and (3) a...

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