Nos. 18631, 18643.

876 S.W.2d 795 (1994)

Donald L. SWAGGERTY and Kathryn Swaggerty, Plaintiffs-Respondents, and Cross-Appellants, v. R.S. McKINZEY and Eleanor McKinzey, and Dave Clark and Ruth Clark, Defendants-Appellants, and Respondents in Cross-Appeal.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 18, 1994.

Application to Transfer Denied June 21, 1994.

Attorney(s) appearing for the Case

Wayne P. Strothmann, Clinton, for defendants-appellants, and respondents in cross appeal.

J.D. Baker, Baker & Dull, Osceola, for plaintiffs-respondents, and cross-appellants.


Plaintiffs sought a declaratory judgment establishing a prescriptive easement for a roadway across Defendants' property and also sought to enjoin Defendants from maintaining an existing cattle guard and placing other cattle guards, gates or other obstructions across the roadway.

Trial was to the court without a jury. From the evidence, it appears that Plaintiffs' property consists of approximately 73 acres and adjoins Defendants' property...

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