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DEMAREE v. STEWART

No. 14142.

705 S.W.2d 632 (1986)

Terry DEMAREE and Jean Demaree, Plaintiffs-Respondents, v. Donald STEWART and Nina Stewart, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Three.

February 20, 1986.

Attorney(s) appearing for the Case

John R. Hopkins, Jr., Hyde, Purcell, Wilhoit, Spain, Edmundson & Merrell, Poplar Bluff, for defendants-appellants.

Yewell G. Lawrence, Jr., Dexter, for plaintiffs-respondents.

MAUS, Judge.

This action involves two tracts of real property in Stoddard County. Tract I contains approximately 16 acres. Tract II contains approximately 10 acres. Tract I in part is contiguous with the west boundary of Tract II. Tract I is owned by the Demarees. Tract II is owned by the Stewarts. The trial court declared the existence of an easement for a driveway for the benefit of Tract I over Tract II. It found the easement had been created by implication from...

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