MOSS SPRINGS CEMETERY ASS'N v. JOHANNES

No. 21935.

970 S.W.2d 372 (1998)

MOSS SPRINGS CEMETERY ASSOCIATION, Petitioner-Appellant, v. Jack S. JOHANNES and Mary Carolyn Johannes, Respondents-Respondents.

Missouri Court of Appeals, Southern District, Division One.

May 21, 1998.


Attorney(s) appearing for the Case

Albert D. Johnston, Carthage, for Appellant.

James R. Spradling, of Spradling & Wyman, L.L.C., Carthage, for Respondent.


PREWITT, Judge.

Appellant filed a two-count petition seeking quiet title of certain real property in Jasper County and to establish a private road by necessity through Respondents' property under Section 228.342, RSMo 1994. On Count I, the trial court quieted title in Appellant by summary judgment. On Count II, following non-jury trial, the court denied Appellant's request for a private roadway across Respondents' property. Appellant appeals the denial of the roadway...

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