Huter v. Birk

WELBORN, Commissioner.

Action to determine rights of plaintiffs in a roadway across defendants’ land and to enjoin interference with plaintiffs’ right to use road. First count, based on claim of right by prescription, was submitted to jury which found for plaintiffs. Court entered judgment on verdict and also issued injunction. Defendants appeal.

Sometime prior to 1918, one Strong became the owner of a tract of land of unspecified acreage in Cape Girardeau County, bounded on the west by Whitewater Creek. In 1918, Strong’s heirs conveyed the western 156 acres of the tract to Zeller. A public…