HOELSCHER v. SIMMEROCK

No. WD 50903.

921 S.W.2d 676 (1996)

Dorothy Etta HOELSCHER, Jeffrey A. Hoelscher, Linda Hoelscher and Nina Nordwald, Appellants, v. Dean R. SIMMEROCK and Doris M. Simmerock, Respondents.

Missouri Court of Appeals, Western District.

May 14, 1996.


Attorney(s) appearing for the Case

Robert C. Jones, Alan L. Farkas, Jones, Korum, Waltrip & Jones, Clayton, for appellants.

Kenneth O. McCutcheon, Jr., Woolsey and Yarger, Versailles, for respondents.

Before ULRICH, P.J., and BRECKENRIDGE and EDWIN H. SMITH, JJ.


BRECKENRIDGE, Judge.

Dorothy Etta Hoelscher, Jeffrey A. Hoelscher, Linda Hoelscher and Nina Nordwald (the "Hoelschers") appeal from the trial court's judgment which found Dean R. Simmerock and Doris M. Simmerock entitled to an easement across the property of the Hoelschers. The Hoelschers contend that the trial court erred by failing to declare the easement void as a matter of law, because the deed purporting to grant the easement was ambiguous as to its purpose and...

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