(DOWNLOAD) "Hershul Speer and Geneva Speer v. Robert" by Supreme Court of Missouri Division 2 * Book PDF Kindle ePub Free
eBook details
- Title: Hershul Speer and Geneva Speer v. Robert
- Author : Supreme Court of Missouri Division 2
- Release Date : January 10, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In this suit plaintiffs sought a judgment to the effect that they had acquired an easement by prescription to use a roadway
over certain land owned by defendants. The road (approximately 1300' long and 30' wide) ran from the public highway to plaintiffs'
farm. Prior to the filing of this suit defendants erected gates across the roadway at both their north and south property
line. Plaintiffs also sought injunctive relief requiring the removal of those gates. A trial before the court resulted in
a judgment for defendants. Plaintiffs have duly appealed. We have jurisdiction because title to real estate is directly involved.
Cramer v. Jenkins, Mo. Sup., 399 S.W.2d 15. Hershul Speer (hereinafter referred to in the singular as plaintiff) testified that he bought a farm from Leonard Dunn in
1964; that the roadway then being used to go from the public road to the farm ran across the farm now owned by defendants;
that he used that roadway from that time until August 1965; that defendants erected gates across the road and put locks thereon
in June 1965; that Mr. Carr at that time gave him a key to the locks so that he could continue to use the road; that he accepted
the key but immediately began consulting with an attorney as to his rights; that in August 1965 defendants changed the locks
so that he could no longer use the road. This suit was thereafter filed. Plaintiff further testified that after defendant
closed the road he had to use another route to get to his farm which was three miles long and which included a long hill that
was almost impassable for travel by automobile.
 "Hershul Speer and Geneva Speer v. Robert" by Supreme Court of Missouri Division 2 * Book PDF Kindle ePub Free){kind=link}