SWAGGERTY v. McKINZEY

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.


GARRISON, Judge.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases