Busch v. Hurricane Deck Holding Co.

CROW, Judge.

Plaintiffs, Donald Edward Busch and Alta Wynnell Busch, husband and wife, sued Defendants, Hurricane Deck Holding Company (“HDHC”), Community Bank of the Ozarks, and Central Bank of Lake of the Ozarks, to establish a prescriptive easement for use of a roadway or, alternatively, a public road by common law dedication, across land owned by HDHC and encumbered by liens in favor of the banks. HDHC counterclaimed for breach of warranty of title. HDHC pled the claim was assigned to it by its predecessors in title, who could have asserted it against Plaintiffs.

The trial court heard the…