MAUPIN v. BEARDEN

No. 14442.

708 S.W.2d 799 (1986)

Clayton C. MAUPIN and Mary Lou Maupin, his wife, Plaintiffs-Respondents, v. David L. BEARDEN and Sharon K. Bearden, his wife, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

April 18, 1986.


Attorney(s) appearing for the Case

Cynthia A. Goforth, Robert M. Ramshur & Assoc., P.C., Piedmont, for plaintiffs-respondents.

Janet K. Brown, Greenville, for defendants-appellants.


PREWITT, Chief Judge.

Plaintiffs own real property which adjoins property owned by the defendants. Under § 228.340, RSMo 1978, plaintiffs sought a "way of strict necessity" over defendants' property to a public road. Commissioners were appointed to locate the "private" road and assess defendants' damages. Their report assessed damages at $4,500. After plaintiffs' objection by motion to the damages found by the commissioners, the trial court entered a "judgment...

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