(Download) "Curtis R. Georg and Mabel H. Georg V." by Supreme Court of Missouri Division 2 * Book PDF Kindle ePub Free
eBook details
- Title: Curtis R. Georg and Mabel H. Georg V.
- Author : Supreme Court of Missouri Division 2
- Release Date : January 09, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is a suit to enjoin the defendant from interfering with the construction of a driveway leading from plaintiffs' residence to a private roadway of the subdivision in which the plaintiffs and the defendant resided. An order to show cause and a restraining order were issued. Thereafter, issues were joined and a trial on the merits resulted in a judgment for the plaintiffs. The defendant's motion for a new trial was overruled and he appealed to this court. At the outset we are confronted with a dispute as to this court's jurisdiction to adjudicate the appeal. In his jurisdictional statement the defendant asserts that the plaintiffs failed to plead who owned the fee in the disputed land; that the defendant pleaded that he and not the trustees of the subdivision had title; and that the trial court found that the title to the disputed area was in the defendant and his wife subject to an easement. The defendant then concludes: ""Hence, this action involves the title to real estate, the extent of easement rights and the rights of the owners thereon, thereby vesting jurisdiction in the Supreme Court of Missouri pursuant to Article V, Section 3 of the Constitution of 1945 of the State of Missouri.""