LEWIS v. HILKERBAUMER

No. 41497.

599 S.W.2d 7 (1980)

Agnes E. LEWIS and W. O. Lewis, her husband, Respondents, v. Gustav HILKERBAUMER, Armin Hilkerbaumer and Verna Hilkerbaumer, his wife, Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

April 1, 1980.


Attorney(s) appearing for the Case

Thomas J. Briegel, Union, for appellants.

Edward A. Stierberger, Union, for respondents.


DOWD, Presiding Judge.

This is an appeal by the Hilkerbaumers (herein defendants) from a judgment rendered in Franklin County wherein the plaintiffs were granted a private roadway over defendant's land pursuant to § 228.340, RSMo 1969.

The facts, as well as they can be ascertained in the absence of a diagram, are that the plaintiffs owned land on both the north and south sides of the Bourbeuse River. Both parcels were utilized by the plaintiffs or their...

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