Knewstep v. Jackson

In this appeal, we consider (1) whether the user of a right of way is bound by a prior judicial decision, to which he was not a party, that no such right of way existed, and (2) if not so bound, whether the user established his claimed right of way. After hearing evidence on these issues, the trial court held in favor of the user. The servient owner appeals.

In March 1980, George R. Holladay and Catharine M. Holladay, his wife (collectively Holladay), conveyed 4.976 acres from his 176.38-acre farm in Orange County to A. Russell and Frances R. Barbee (the Barbees). The 4.976-acre tract…