Lewis v. Hilkerbaumer

DOWD, Presiding Judge.

This is an appeal by the Hilkerbaumers (herein defendants) from a judgment rendered in Franklin County wherein the plaintiffs were granted a private roadway over defendant’s land pursuant to § 228.340, RSMo 1969.

The facts, as well as they can be ascertained in the absence of a diagram, are that the plaintiffs owned land on both the north and south sides of the Bourbeuse River. Both parcels were utilized by the plaintiffs or their lessees as crop lands. The defendants owned the land adjacent to the plaintiffs’ southern parcel. The plaintiffs’ access to their southerly…