Collins v. Eskridge

By Judge James W. Haley, Jr.

The issue here for resolution is whether the pleadings permit, and the evidence and law justify, the enlargement of a right of ingress and egress from 25 to 30 feet in width on the grounds that it is a public road.

John Marshall Collins and James Mason Collins filed a verified Bill of Complaint seeking the establishment of “an easement for ingress and egress to and from State Route 661 by reservation, grant, necessity, and prescription....” The body of the pleading does not set forth a width of the claimed easement, but a January 31, 1994, survey, incorporated by…