147 Mo. App. 19 | Mo. Ct. App. | 1910
The petition describes a road or way-lying in St. Louis county and extending from a public road, known as Wild Horse Creek road, across plaintiff’s farm to defendants farm, alleges the latter, without leave or license, has entered on plaintiff’s land, has used frequently and threatens to continue to use the way across said land for the purpose of passing to and fro with wagons, horses and cattle, and at different places has wrongfully graded parts of the road or way, deposited on it broken stone or gravel, thereby depriving plaintiff of the use of part of his land, and threatens to continue this course of conduct to the irreparable injury of plaintiff. The prayer is for a writ of injunction restraining defendant, his agents, servants and employees forever from entering on said way, using any way across said land for any purpose, or depositing thereon any stone, gravel or other substance. The farms of the two parties adjoin, and defendant’s way of egress from his farm to the public road known as Wild Horse Creek road is along the road in controversy across the southern portion of plaintiff’s land into Wild Horse Creek road. After stating a general denial, the answer avers the way in question had been used by defendant and those under whom he claims for more than twenty years prior to the institution of the present action as a road to and from defendant’s farm to Wild Horse Creek road, and defendant has acquired by prescription the right to use and occupy said road and keep it in repair. Prior to 1885 W. H. Coleman, who died during said year, owned the fee-simple of the land over which the way in question extends. He devised the land by will to his wife for her life, with remainder over to his children. The interests of the remaindermen were conveyed to plaintiff before the death of the widow or life tenant, which occurred in 1905, when plaintiff became the owner of the entire fee. The evidence is harmonious and shows the way in controversy has been used by residents of the neighborhood and any one else who wished, time out
Plainly the judgment of the court was for the right party and it is affirmed.