GERKEN v. EPPS

Nos. 16086, 16136.

783 S.W.2d 157 (1990)

Duane H. GERKEN and Kay L. Gerken, Respondents, v. James F. EPPS, et al., Appellants.

Missouri Court of Appeals, Southern District, Division One.

January 18, 1990.


Attorney(s) appearing for the Case

Lois M. Zerrer, and J.T. Magness, Springfield, James K. Justus, Forsyth, for appellants.

David L. Smith, Cantwell, Allman & Smith, Branson, for respondents.


CROW, Presiding Judge.

Duane H. Gerken and Kay L. Gerken ("plaintiffs") brought an action under § 228.340, RSMo 1986, for the establishment of a private road across two tracts of land. One tract was owned by James F. Epps and his wife, Alice C. Epps. The other tract was owned by Effie Ogle, Wanda Mead (Effie's daughter), and Lloyd Mead (Wanda's husband).

The trial court entered judgment which, among other things...

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