Sellers v. Swehla

*288ELLISON, J.

This cause is here on transfer from the Springfield Court of Appeals. It is an injunction suit brought by the plaintiff-respondents Sellers to restrain the defendant-appellant Swehla from fencing across the flat curved road, marked No. 5 on the plat on the opposite page, cutting across the northeast corner of Swehla’s land and swinging easterly to the northeast corner of Sellers’ land. At both ends the curved road joins a newer straight road No. 1. Respondents Sellers contend the curved road has been a public road by prescription under Laws Mo. 1887, Sec. 57, p. 257, now Sec.…