(DOWNLOAD) "Loumar Development Co. v. Joseph A. Redel" by Supreme Court of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Loumar Development Co. v. Joseph A. Redel
- Author : Supreme Court of Missouri
- Release Date : January 08, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this action plaintiff sought an adjudication to the effect that an easement existed over a 50-foot strip of defendants'
land for use as a right of way for a private roadway, and also sought to enjoin defendants from interfering with plaintiff's
use thereof. A trial before the court resulted in a judgment for plaintiff and defendants have duly appealed therefrom. We
have appellate jurisdiction for the reason that title to real estate is directly involved. Dalton v. Johnson, Mo. Sup., 320
S.W.2d 569. The adjoining tracts of plaintiff and defendants are part of a 40-acre tract which was conveyed to George S. Johns and Minnie
Johns, husband and wife, in 1912. Minnie died on January 5, 1940. Thereafter, Mr. Johns conveyed the tracts here involved
and established (or at least attempted to establish) a right of way for a proposed road to run south from Robyn Road through
the approximate center of said land. The lands owned by plaintiff and defendants consist of four tracts which will be referred
to herein as Tracts I, II, III, and IV. The alleged easement involved in this case would provide access from Tract IV, which
is owned by plaintiff, to Robyn Road. It purportedly was established over the east 25 feet of Tract III and the west 25 feet
of Tracts I, II and IV. Tracts I and III front on Robyn Road and Tract II adjoins Tract I on the south, and the north boundary
of Tract IV is the south boundary of Tract II.