[DOWNLOAD] "Roy J. Behen and Marie U. Behen v. Edward" by Eastern District, Southern Division Court of Appeals of Missouri * eBook PDF Kindle ePub Free

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eBook details

• Title: Roy J. Behen and Marie U. Behen v. Edward
• Author : Eastern District, Southern Division Court of Appeals of Missouri
• Release Date : January 19, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant, Edward Elliott, appeals from the judgment in a bench trial holding that plaintiffs, Roy and Marie Behen, are vested with an easement by prescription for ingress and egress to the Eli White Road and the B & B Road. The trial court also issued a permanent injunction enjoining defendant from interfering with plaintiffs' use and maintenance of those roadways, except that defendant may lock the roadways' common entrance during Missouri's firearms deer season, so long as plaintiffs are provided with keys. Further, the trial court awarded plaintiffs $400 in damages caused by defendant to the roadways' former entrance. We affirm. The standard of review for a bench-tried case is well established. We must affirm the trial court's decision unless the judgment is unsupported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). We accept the evidence and inferences favorable to the prevailing party and disregard all contrary evidence. Slay Warehousing Co., Inc. v. Leggett, 762 S.W.2d 63, 63-64 (Mo. App. 1988). Further, even though not requested by the parties, the trial court voluntarily entered ""Amended Findings of Fact and Judgment."" Consequently, such findings and Conclusions form a proper basis for assigning error and will be so reviewed. Thomas v. Depaoli, 778 S.W.2d 745, 747 (Mo. App. 1989).

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