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BAKER v. WALNUT BOWLS, INC.

No. SD 31205.

423 S.W.3d 293 (2014)

James R. BAKER and Linda Baker, Plaintiffs-Appellants, and Charles E. Hightower, Diane Hightower, Marvin D. Griffith, Marilyn Sue Griffith, and The Unknown Heirs, Devisees, Grantees, Successors and Assigns of James Ellis Thompson, Jr., Deceased, Plaintiffs, v. WALNUT BOWLS, INC., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 11, 2014.

Attorney(s) appearing for the Case

Mark E. Rector of Lebanon, MO, for appellants.

Harold F. Glass, II of Springfield, MO, for respondent.

JEFFREY W. BATES, J.

James Baker and Linda Baker (the Bakers) filed a declaratory judgment action asking the trial court to determine the location of an express easement reserved by their predecessors in title over property owned by Walnut Bowls, Inc. (Walnut Bowls). Walnut Bowls' answer alleged two affirmative defenses: (1) the easement was abandoned; and (2) the easement was extinguished by adverse possession. Via a counterclaim...

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