Marshall v. Callahan

This cause was begun by the plaintiffs (respondents) filing a petition in the Circuit Court of Howell County, Missouri, praying the issuance of a mandatory injunction against the defendants (appellants) requiring them to remove obstructions from a road which the plaintiffs alleged was a private road or lane, by prescription, leading across defendants’ land, connecting plaintiffs’ residence with their farm and that said road or lane has been in use “continually, openly, adversely and notoriously for more than 50 years. ’ ’ The right of plaintiffs to maintain their action was denied in…