PIERCE v. AUSTIN

No. WD33101.

651 S.W.2d 161 (1983)

Dennis PIERCE, et al., Plaintiffs-Respondents, v. William M. AUSTIN, et al., Defendants-Appellants.

Missouri Court of Appeals, Western District.

Rehearing Denied May 3, 1983.


Attorney(s) appearing for the Case

William M. Austin, Walter R. James, Kansas City, for defendants-appellants.

Arthur A. Benson, II, Kansas City, for plaintiffs-respondents.

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


WASSERSTROM, Presiding Judge.

The parties own neighboring properties, and defendants' driveway encroaches on the land to which plaintiffs own record title. Plaintiffs sued to quiet title, to which defendants counterclaimed in two counts. Count I of the counterclaim sought to establish a prescriptive easement in the driveway encroachment by reason of adverse use for more than ten years; while Count II sought to establish adverse possession to that encroachment. Each...

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