Strickland v. Barnes

Defendants James L. Smith, Jr. and Strickland Brothers appeal from a decree permanently enjoining them from fencing-off a 25-foot strip of land owned by Smith and used by the plaintiffs for access to their properties. The issue is whether the deeds to the plaintiffs’ predecessors in title granted them easements to use the 2 5-foot strip for ingress and egress by motor vehicle.

For an understanding of the facts, a map dated March 14, 1947 (the “1947 map”) is reproduced on the following page. The map shows the 25-foot strip, the fence the defendants desire to erect, and the properties owned by…