Strong v. Sperling
Missouri Court of Appeals
Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. (1) (a) In equity eases the appellate court will not he hound hy the chancellor’s finding of facts, hut will review the whole evidence and pronounce the proper judgment.
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Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. (1) (a) In equity eases the appellate court will not he hound hy the chancellor’s finding of facts, hut will review the whole evidence and pronounce the proper judgment. Fitzpatrick v. Weber, 168 Mo. 562-572. (2) (a) A highway may he established either: (1) By prescription, user or recognition; (2) By statute or statutory proceedings in the exercise of the right of eminent domain; or (3) By dedication. 37 Cyc. 17. (3) (a) As a general rule before a highway can he established by prescription, it must appear that…
1Opinion of the CourtEeynolds, P. J.
— This is an action for a mandatory injunction to restrain defendants from closing up a certain road or- driveway with gates.
The defendants own a farm in Cape Girardeau County, located on the northwest quarter of section 13, township 31, north, range 11 east. A road or driveway passes in a general north and south direction through this farm. The lands of defendants lie on either side of this road, the main body to the east, and consist of cultivated fields that have long been inclosed by fences. To the west of the road the land owned by defendants, prior to the occurrences here involved, was…
2Cases cited18 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Brinck v. CollierSupreme Court of Missouri · 1874
- State v. WaltersSupreme Court of Missouri · 1879
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3Cited by6 opinions
- Chapman v. SchearfSupreme Court of Missouri · 1950
- State Ex Rel. Taylor v. AndersonSupreme Court of Missouri · 1951
- Sellers v. SwehlaSupreme Court of Missouri · 1953
- Proctor v. ProctorMissouri Court of Appeals · 1927
- Chapman v. SchearfSupreme Court of Missouri · 1950
1 more not listed; retrieve them via the Exa API.