Henderson v. Scott

The trial court dismissed this action on the ground that it was barred by the doctrine of res judicata. The subject of the controversy is an easement for ingress and egress across appellants' land which was granted by a different trial judge in a previous action.

Appellants say that the principle of res judicata is inapplicable because (1) there was no showing that the appellees, Charles and Rose Scott, were successors of the parties who obtained the easement, and (2) the easement granted by the court in the earlier action was one of necessity and the necessity no longer exists. We affirm.

The…