Loumar Development Co. v. Redel

HOLMAN, Judge.

In this action plaintiff sought an adjudication to the effect that an easement existed over a 50-foot strip of defendants’ land for use as a right of way for a private roadway, and also sought to enjoin defendants from interfering with plaintiff’s use thereof. A trial before the court resulted in a judgment for plaintiff and defendants have duly appealed therefrom. We have appellate jurisdiction for the reason that title to real estate is directly involved. Dalton v. Johnson, Mo.Sup., 320 S.W.2d 569.

The adjoining tracts of plaintiff and defendants are part of a 40-acre tract…