Lee v. Smith

HOGAN, Judge.

Plaintiffs brought this action to have an allegedly existing roadway declared a public road under the provisions of § 228.190, R.S.Mo. (1969) 1 and to enjoin defendants from obstructing that road. Trial to the court has resulted in a judgment adverse to the plaintiffs, and they appeal.

The parties are adjoining landowners. A description of the land belonging to each is set out in the original and amended petitions, but it is sufficient here to say that the plaintiffs’ land lies north of the defendants’ and the two tracts are, or once were, traversed by an “S” shaped roadway which…