Denning v. Manley

610 S.W.2d 51, 1980 Mo. App. LEXIS 2714
Missouri Court of Appeals·Decided November 3, 1980·No. No. WD 31444·Published·Cited by 7 cases

Opinion

CLARK, Presiding Judge.

This action resulted from a dispute among property owners at the Lake of the Ozarks as to ownership and usage of an area designated on a subdivision plat as “easement” and of a roadway. From an adverse judgment on a petition filed by plaintiff lot owners for injunction, defendants appeal. Appellant-defendants will be referred to as the Manleys and respondent-plaintiffs as the lot owners.

All of the lands now owned or claimed by the parties were platted in 1949 by the then owners, Michael William Juricak and his wife. The subdivision provided for fourteen numbered lots generally being on the lake front, a large interior tract designated Tract A, fronting on a county road, two irregular shaped parcels designated as easement tracts and various private roads. The easement tract which is the principal source of contention appears on the plat as a triangular parcel at or near the lake front and separated from Tract A by an intersection of the roadways and an island divider. At issue is the use which has been made by the Manleys of this easement tract and a part of a roadway.

The source and extent of the lot owners’ interest in the numbered lots was not shown by any evidence. The lot owners’ petition alleged, without more, that plaintiffs were lot owners in the subdivision and the Manleys’ answer admitted that allegation. It therefore cannot be determined from this record which lots are owned by the lot owners or whether all fourteen lots are represented.

The Manleys’ title was obtained from the Juricaks by warranty deed dated March 29, 1979. That deed conveyed all of Tract A and also purported to convey a fee interest in the triangular tract now the subject of dispute. The deed and the lot ownerr’ petition, as well as the judgment entered in this case, have all described the triangular tract by metes and bounds using identical terms. While the plat, which was introduced in evidence as plaintiffs’ exhibit 1, does not bear any legend describing the distance or direction as to two sides of the triangular parcel, there is no contention that the land described in the Manleys’ deed, the petition and the judgment is other than the triangular tract labeled “easement” on the plat, bordered on the south by Lot 7 and on the east and northeast by the roadway. We assume it to be such and also assume the only lands in controversy to be that tract, according to the metes and bounds description, and the adjacent roadway.

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Denning v. Manley, 610 S.W.2d 51, 1980 Mo. App. LEXIS 2714 (Mo. Ct. App. 1980).

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