536 S.W.2d 39 | Mo. | 1976
This action to quiet title to two small adjoining tracts of land, tried to the court without a jury, resulted in judgments in favor of plaintiffs on their petition and on defendants’ counterclaim. The judgments were affirmed by the Court of Appeals, St. Louis district, and on application of defendants we ordered the case transferred to this court.
We have reviewed the case according to the requirements of Rule 73.01 as construed in Murphy v. Carron, Mo., 536 S.W.2d 30 (decided concurrently herewith).
Defendants brief one point:
“The Trial Court’s Order Entering Judgment in Plaintiffs’ Favor Is in Error, in That Defendants Established by a Preponderance of the Credible Evidence All the Necessary Elements of Adverse Possession, Being: Hostile, Under Claim of Right; Open and Notorious; Exclusive; Actual; and Continuous for the Requisite Period of Time; the Judgment of the Trial Court on Defendants’ Adverse Possession Claim Should Be Reversed; and Judgment Entered in Favor of Defendants Establishing Their Ownership of the Disputed Parcels by Adverse Possession in Accordance With the Facts and the Law of This Case.”
The petition is in two counts.
We find from our review that the evidence supports findings that a narrow road running generally north-south across land of both plaintiffs and defendants provides a means of ingress and egress for the farm lands in this area lying north of Highway 61; that the area is hilly and the road is on and follows the meanders of a ridge which crosses and recrosses several times the
The judgment is affirmed.
. Other counts were dismissed and are not involved.
. The Meyers purchased from plaintiffs, Richard and Dolores Roth, his wife, after this suit had been filed by the Roths and before trial.