(DOWNLOAD) "Charles A. Brown v. Sterling M. Redfern" by Missouri Court of Appeals St. Louis District " Book PDF Kindle ePub Free
eBook details
- Title: Charles A. Brown v. Sterling M. Redfern
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 24, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendants appeal from the order of the trial court enjoining any interference with plaintiffs' use of a roadway crossing defendants' land. The trial court found that plaintiffs had established an easement across defendants' land which was a right of way giving plaintiffs access to their property. The claimed roadway begins at Route 19, travels south over defendants' land, and terminates on plaintiffs' property. At trial, many of the area's residents testified that the roadway had followed the same course and had been used by pedestrians and vehicles for as long as they could remember. There was testimony that the roadway was being used in the 1920's and it is shown on a map prepared in 1942 by a United States Geological Survey. This roadway crosses three tracts of land from north to south which will be referred to as the Fitzwater Tract, the Allemann Tract, and Plaintiffs' Tract. 1 The land is located in Montgomery County, Missouri. Both the Fitzwater and Allemann Tracts are now owned by the defendants. These two tracts will be considered separately in this opinion because the tracts were held in different chains of title prior to acquisition by the defendants at different times in 1973.
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