Higgins v. Blankenship

Steele Hays, Judge.

This dispute concerns a roadway across the property of the appellee, Loicy Blankenship. Appellant, Louie Higgins, claims an easement over the roadway for purposes of ingress and egress in order to reach the western extremity of his land.

The evidence is undisputed that in 1957 or 1958, appellant’s predecessor in title, Walter Arnold, and appellee’s predecessor in title, Lawrence March, agreed to build the roadway, March furnishing the right of way and Arnold furnishing the gravel. The roadway was of mutual benefit since it increased the value of the March property and…