Connell v. Jersey Realty & Investment Co.

Plaintiffs, respondents here, sought a declaratory judgment (Secs. 1126 et seq., R.S. 1939, Mo. R.S.A., Secs. 1126 et seq.) that certain land areas claimed by defendant were subject to a public easement by common law dedication. The trial court so declared, enjoined defendant from interfering with the public use of the areas in question, and defendant appealed.

The land lies at the southwest corner of Troost Avenue and 75th Street, Kansas City, and such, with other land, was acquired May 1, 1925, by David M. Proctor. The area acquired by Proctor was some 660 feet square. September 30, 1925,…