Finlay v. Finlay

King, J.:

Kenneth and Juanita Finlay (plaintiffs) appeal from an order granting Robert Finlay (defendant) summary judgment on all of their claims and dismissing their cause of action.

The parties are relatives and neighbors. Robert is the nephew of Kenneth and Juanita. A county, road separates the properties of the parties by approximately 50 feet. The properties are in rural Osage County.

The farmstead on which Kenneth and Juanita reside was originally occupied by Kenneth’s grandfather. They have lived in their present house since 1948 or 1949.

Robert purchased 120 acres directly east of his…