Helton v. Jones

CLAY, Commissioner.

This is an appeal from a judgment recognizing the right of appellee to a passway easement over the lands of appellants, and enjoining them from interfering therewith. Appellants contend appellee’s use of this passway was permissive and not a matter of right; and that by reason of a written contract appellee had relinquished the easement.

The two tracts involved were once owned by Tom Noe. Across his land was a roadway approximately 125 feet in length connecting two highways paralleling each other. The use of one of the highways has long since been abandoned but the roadway…