Tatum v. Green

The appellants, Luther T. Tatum and his wife Shelba Tatum and Don Swain and his wife Ray Deena Swain, brought a declaratory judgment action against Margaret Green, seeking to have the trial court declare that Green had no easement across their property. The case was tried without a jury and the trial court entered judgment denying relief to the Tatums and the Swains. From this judgment the Tatums and Swains appeal.

In December 1963, Green's father purchased from the U.S. Government a parcel of property situated in St. Clair County. As part of the transaction, Mr. Green also purchased a…