Rubinstein v. Turk

By TERRELL, PJ.,

(Dissenting)

This case arises substantially from the following set of facts.

Two neighbors by the name of Haver and Holman owning and occupying adjoining lots, entered into an oral agreement whereby each allowed five (5) feet on his lot toward a common driveway, ten GO) feet wide. This drive-way was improved by two cement strips and was used by both neighbors. This occurred in 1909 or 1910. By meane conveyances, the property of Haver was finally deeded to Rubinstein, the plaintiff herein, and the property of Holman was finally deeded to Turks, the defendants herein.

Plaintiff…