CLAYBROOK v. MURPHY

No. WD 39495.

746 S.W.2d 140 (1988)

Ira E. CLAYBROOK and Golda V. Claybrook, and Andrew V. Mihalevich & Cecolia C. Mihalevich, and David O. Travis & Glenda G. Travis, Plaintiffs-Appellants, v. Gregory E. MURPHY and Kimberly L. Murphy, Defendants-Respondents.

Missouri Court of Appeals, Western District.

March 8, 1988.


Attorney(s) appearing for the Case

John C. Slavin and Harry C. Farr, Farr and Hickman, Kirksville, for plaintiffs-appellants.

Charles B. Adams and Debra A. Boughton, Adams & Boughton, Kirksville, for defendants-respondents.

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


TURNAGE, Judge.

This case involves a suit brought to require the Murphys to remove gates erected on an alleged public road and on a private easement. The court found that Claybrook, Mihalevich, and Travis had acquired a prescriptive easement over the alleged public road, but that it was not a public road. The court further held that the maintenance of gates on the road and the private easement was not unreasonable. On appeal, it is contended that the evidence was...

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