Legal Opinion

Smith v. Santarelli

Supreme Court of Missouri

Decided February 10, 1947No. 39789PublishedCited by 17 opinions

1Opinion of the CourtEllison, J.

This is an appeal from a decree of the Adair county circuit court enjoining the appellants from interfering with respondent’s right to and use,, of a private roadway leading from his farm across appellants’ abutting land to State Highway No. 6 in said county. The chancellor found the respondent had acquired that right as an easement by open, notorious, hostile, visible and continued use of the roadway for more than ten years; perpetually enjoined the appellants from obstructing it with barriers, fences and the like; and mandatorily enjoined them to remove such obstructions as had been placed…

2Cases cited7 opinions

  1. Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
  2. Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
  3. Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
  4. Snyder v. Warford & ThomasSupreme Court of Missouri · 1848
  5. Borchers v. BrewerSupreme Court of Missouri · 1917

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Bridle Trail Association v. O'SHANICKMissouri Court of Appeals · 1956
  2. Gibson v. SharpSupreme Court of Missouri · 1954
  3. Baum v. Glen Park PropertiesMissouri Court of Appeals · 1983
  4. Blackburn v. Habitat Development Co.Missouri Court of Appeals · 2001
  5. Ogg v. Mediacom, L.L.C.Missouri Court of Appeals · 2004

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