Marlow v. Marlow

Shaw, Judge:

This is an action instituted by appellant-Julia Marlow for an implied easement over property of respondent-John Mar-low. The trial judge denied Mrs. Marlow’s motion for a voluntary nonsuit or discontinuance and also refused to recognize she has an implied easement over an existing dirt road. Instead, the trial judge established a twenty-foot wide easement in the location designated by Mrs. Marlow which is the primary issue on appeal. We affirm.

Prior to March 22, 1978, the parties each owned an undivided one half interest in a 124.8 acre tract of land. On or about March 22, 1978,…