Evans v. Mansfield

HOLMAN, Commissioner.

In this proceeding instituted under the provisions of Section 228.340 (statutory references are to RSMo 1959, V.A.M.S.) plaintiffs sought to establish a private road over land owned by defendants. A trial before the court resulted in a judgment in favor of plaintiffs and defendants have duly appealed therefrom. We have appellate jurisdiction because title to real estate is involved. Welch v. Shipman, 357 Mo. 838, 210 S.W.2d 1008.

Plaintiffs own a tract of 10.8 acres located on the south shore of the Lake of the Ozarks. The roadway in question runs substantially straight in…