Home/Missouri Court of Appeals/Willy v. Lieurance

Willy v. Lieurance

619 S.W.2d 866, 1981 Mo. App. LEXIS 3165
CourtMissouri Court of Appeals
DecidedJuly 1, 1981
DocketNo. 11819
StatusPublished
Cited by7 cases

This text of 619 S.W.2d 866 (Willy v. Lieurance) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willy v. Lieurance, 619 S.W.2d 866, 1981 Mo. App. LEXIS 3165 (Mo. Ct. App. 1981).

Opinion

FLANIGAN, Judge.

This appeal1 involves conflicting claims to two tracts of land located in Long View Subdivision in Phelps County, Missouri. Each tract is 200 feet long and 60 feet wide. The two tracts appear on a recorded plat of the subdivision and each contains the legend “60' Rd R/W,” which, the parties agree, means “60-foot road right of way.” The two disputed areas will be referred to as “Tract 1” and “Tract 2” respectively.

On their 200-foot sides each tract is bordered by building lots which are also 200 feet long. Tract 1 runs generally east-northeastwardly and is bordered on the north by Lot 33 and on the south by Lot 32. Tract 2, which is separated from Tract 1 by four building lots and is south of Tract 1, runs generally northeastwardly and is bordered on the north by Lot 29 and on the south by Lot 28.

The plat of the subdivision was prepared at the instance of Leslie M. Lieurance and wife, who owned the land of which the subdivision was a part. Exhibit 7 was certified by the recorder to be a true copy of the original plat of Long View Subdivision.

Exhibit 7 contains the following: (a) a paragraph entitled “Statements and Dedication,” which contains various recitals and which was signed by Leslie M. Lieurance and his wife and bears their acknowledgment before a notary public on September 2, 1959; (b) a paragraph entitled “Survey- or’s Certificate,” which contains various recitals and which was signed by a Missouri registered land surveyor 2 on September 2, 1959; (c) a map of the subdivision; (d) a paragraph entitled “Approved by Phelps County Court,” dated September 4, 1959, which contains the signatures of the members of the Phelps County Court and the attestation of the county clerk. This paragraph recites that the county court examined and approved the plat; (e) the certificate of the recorder of deeds stating that the plat was filed for record on September 4, 1959. The map portion of the plat is as follows:

[868]*868

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Bluebook (online)
619 S.W.2d 866, 1981 Mo. App. LEXIS 3165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willy-v-lieurance-moctapp-1981.