Floreth v. State Highway Commission

BARDGETT, Judge.

Action for declaratory judgment and injunction. Plaintiffs appeal from a judgment in favor of defendants. The issue is whether certain land is subject to an easement in favor of respondents. Title to real estate is directly involved. We have jurisdiction. Art. V, § 3, Mo.Const.1945, V.A.M.S.

Alvin Floreth and Mary Floreth, his wife, plaintiffs-appellants, are successors in title to one Musselman. In 1934 Mussel-man deeded an easement over certain land *615in Stone County, Missouri, to the State Highway Commission, defendant-respondent, for use as a state highway. This easement…