Maupin v. Bearden

PREWITT, Chief Judge.

Plaintiffs own real property which adjoins property owned by the defendants. Under § 228.340, RSMo 1978, plaintiffs sought a “way of strict necessity” over defendants’ property to a public road. Commissioners were appointed to locate the “private” road and assess defendants’ damages. Their report assessed damages at $4,500. After plaintiffs’ objection by motion to the damages found by the commissioners, the trial court entered a “judg*800ment” establishing the roadway and granting defendants $2,000 in damages.

Defendants then filed a motion asking that the judgment be set…