Legal Opinion

Trust Ex Rel. Sherman v. Wilson

Missouri Court of Appeals

Decided September 10, 1996No. 68562PublishedCited by 15 opinions

1Opinion of the Court

AHRENS, Presiding Judge.

In this bench tried case, defendants, David and Helen Wilson, appeal the trial court’s judgment declaring that plaintiff, James Cobble Trust, has the right to use a private roadway on defendants’ property. Because the trial court’s judgment requires external proof to dispose of all the disputed issues involved in the case, the judgment is not final. We dismiss the appeal.

Defendants and plaintiff own contiguous parcels of land in Cape Girardeau and Bol-linger Counties. From at least 1940 until 1985, plaintiff and its predecessors utilized a private roadway on…

2Cases cited5 opinions

  1. Pinewoods Associates v. W.R. Gibson Development Co.Missouri Court of Appeals · 1990
  2. Wyma v. KauffmanMissouri Court of Appeals · 1984
  3. Four Seasons Lakesites Property Owners Assoc., Inc. v. DunganMissouri Court of Appeals · 1989
  4. Stein v. TrampeMissouri Court of Appeals · 1995
  5. First State Savings Bank v. PetersMissouri Court of Appeals · 1990

3Cited by15 opinions

  1. Chromalloy American Corp. v. Elyria Foundry Co.Supreme Court of Missouri · 1997
  2. Beckmann v. Miceli Homes, Inc.Missouri Court of Appeals · 2001
  3. Creech v. NoyesMissouri Court of Appeals · 2002
  4. Cramer v. SmootMissouri Court of Appeals · 2009
  5. Sassmann v. KahleMissouri Court of Appeals · 2000

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API