(DOWNLOAD) "Martin Rosenbloom and Bluma Rosenbloom V." by Supreme Court of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Martin Rosenbloom and Bluma Rosenbloom V.
- Author : Supreme Court of Missouri
- Release Date : January 11, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This is a suit in equity to ascertain and determine title to real estate, under § 527.150, RSMo 1949, V.A.M.S., and for a judgment, in accordance with § 527.020, RSMo 1949, V.A.M.S., declaring that plaintiffs' Lot 19, Block 22 of University Park in University City, is not bound by a certain recorded instrument in writing purporting to create an easement. Defendants' answer claimed an easement over plaintiffs' lot by the terms of that instrument, and also by prescription, and by necessity. The Circuit Court, declining to pass upon the effect of the written instrument, adJudged that plaintiffs were the fee simple owners of Lot 19, subject to an easement by prescription and a way of necessity in favor of defendants over the east 10 feet of Lot 19, for ingress and egress of automobiles as a driveway; that plaintiffs had no easement over defendants' Lot 20, and enjoined plaintiffs from obstructing or interfering with defendants' use of the easement and way of necessity. Plaintiffs appealed on the ground that the evidence was insufficient to support the judgment of the trial court; that the judgment creates a cloud on the titles of the lots of the respective parties. Plaintiffs ask for a declaration that defendants have no easement either by agreement, prescription or necessity, and for a dissolution of the injunction. Under the pleadings and the decree of the trial court establishing an easement over plaintiffs' lot, title to real estate is involved, and we have jurisdiction under the Constitution. Jacobs v. Brewster, 354 Mo. 729, 190 S.W.2d 894; Davis v. Lea, 293 Mo. 660, 239 S.W. 823.
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