PETERSON v. MEDLOCK

No. 19099.

884 S.W.2d 679 (1994)

Allan PETERSON and Anna May Peterson, Plaintiffs-Respondents, v. Jack MEDLOCK and Gertrude Medlock, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

August 18, 1994.


Attorney(s) appearing for the Case

Steven Privette, Willow Springs, for defendants-appellants.

R. David Ray, West Plains, for plaintiffs respondents.


SHRUM, Chief Judge.

Defendants appeal from a decree in which the trial court declared that Plaintiffs have a road easement by implication across Defendants' land and denied Defendants relief on their counterclaim.

Because of our conclusion that the trial court did not commit prejudicial error when, on its own motion, it ordered a survey of the disputed road after the close of all evidence, we affirm the declaration of an easement by implication. Because the...

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