Roth v. Flieg, 59327

Decision Date05 May 1976
Docket NumberNo. 59327,59327
Citation536 S.W.2d 39
PartiesRichard K. ROTH et al., Plaintiffs-Respondents, v. Josehp X. FLIEG and Theckla Flieg, his wife, Defendants-Appellants.
CourtMissouri Supreme Court

Kurt D. Breeze, Pannell, Dodson & Robinson, Festus, for appellants.

Nicholas G. Gasaway and Samuel Richeson, Richeson, Roberts, Wegmann, Gasaway, Stewart & Schneider, Hillsboro, for respondents.

HENLEY, Judge.

This action to quiet title to two small adjoining tracts of land, tried to the court without a jury, resulted in judgments in favor of plaintiffs on their petition and on defendants' counterclaim. The judgments were affirmed by the Court of Appeals, St. Louis district, and on application of defendants we ordered the case transferred to this court.

We have reviewed the case according to the requirements of Rule 73.01 as construed in Murphy v. Carron, Mo., 536 S.W.2d 30 (decided concurrently herewith).

Defendants brief one point:

'The Trial Court's Order Entering Judgment in Plaintiffs' Favor Is in Error, in That Defendants Established by a Preponderance of the Credible Evidence All the Necessary Elements of Adverse Possession, Being: Hostile, Under Claim of Right; Open and Notorious; Exclusive; Actual; and Continuous for the Requisite Period of Time; the Judgment of the Trial Court on Defendants' Adverse Posession Claim Should Be Reversed; and Judgment Entered in Favor of Defendants Establishing Their Ownership of the Disputed Parcels by Adverse Possession in Accordance With the Facts and the Law of This Case.'

The petition is in two counts. 1 In count I, plaintiffs Leo and LaVerne Meyer, his wife, 2 claim to be owners in fee simple of all of the Northwest Quarter of the Northeast Quarter of section 27, in township 38, range 8 east, in Ste. Genevieve county. This land adjoins on the north side land described in count III. In count III, plaintiffs Louis and Millie Pfaff, his wife, claim to be the owners in fee simple of a triangular-shaped .05 acre tract in the northeast corner of the Southwest Quarter of the Northeast Quarter of said section 27, which lies east of a private road running northwesterly from Highway 61. Defendants Joseph and Theckla Flieg, his wife, owners of adjoining land in the east half of the Northeast Quarter of section 27, claim by their answer and counter-claim to be the owners by adverse possession of (1) approximately 0.9 acre of the Meyers' land lying between the north-south quarter-quarter section line and a fence...

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3 cases
  • Murphy v. Carron
    • United States
    • Missouri Supreme Court
    • May 5, 1976
    ...Mo.Const., Art. V, § 10. We ordered the transfer of this case and two other cases (In re Novak, Mo., 536 S.W.2d 33; and Roth v. Flieg, Mo., 536 S.W.2d 39) primarily to consider and put to rest as soon as possible questions which have arisen about the scope of review in court-tried civil cas......
  • Spooner v. Bates, 37672
    • United States
    • Missouri Court of Appeals
    • April 9, 1977
    ...by prescriptive use were present, supported by substantial evidence. The law in this regard is constant in its declaration. Roth v. Flieg, 536 S.W.2d 39 (Mo. banc 1976); Nash, et al. v. Michael, et al., 547 S.W.2d 885 (Mo.App.Spfld.1977); Carpenter-Union Hills Cemetery Assoc. v. Camp Zoe, I......
  • Heide v. Sheeks
    • United States
    • Missouri Court of Appeals
    • December 17, 1984
    ...review of this action is governed by Rule 73.01, V.A.M.R., as construed in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). See Roth v. Flieg, 536 S.W.2d 39 (Mo. banc 1976). This court must sustain the judgment unless there is no substantial evidence to support it, unless it is against the ......

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