Blumenberg v. Minton

DOWD, Chief Judge.

Appeal from the denial of plaintiffs’ petition for a mandatory injunction. Plaintiffs seek to compel defendants to remove a carport allegedly built partially on plaintiffs’ land. This alleged encroachment consists of a triangular strip of concrete flooring two feet in depth and fourteen and one-half feet along the side. The facts necessary for resolution of this appeal are as follows.

In May, 1944, defendants obtained from Clara, Fred, and Kathryn Hett a warranty deed to a portion of Lot 3, in Block C, St. Vincent’s Park subdivision, Cape Girardeau County. In 1964 they…