Luster v. Garner
Tennessee Supreme Court
FROM HAWKINS. Appeal from Chancery Court, Hawkins County. — • Hugh G. Kyle, Chancellor.
1Opinion of the Court
Mr. Justice "Williams
delivered the opinion of the Court.
A single question of law is presented for determination in this cause: May the owner of a servient estate, now inclosed, as agricultural lands, but formerly open woodland, establish and maintain suitable gates at *161the termini of an easement of way acquired by an adjoining owner of farming lands by prescription; the prescriptive period matnring while the lands were un-inclosed woodland, during which no gates or bars were maintained?
The authorities are at variance as to the rights of the servient owner to erect gates at the ends of a way…
2Cases cited6 opinions
- Rogerson v. ShepherdWest Virginia Supreme Court · 1889
- Connery v. BrookeSupreme Court of Pennsylvania · 1873
- Fankboner v. CorderIndiana Supreme Court · 1891
- Hartman v. FickSupreme Court of Pennsylvania · 1895
- Dyer v. WalkerWisconsin Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cole v. DychTennessee Supreme Court · 1976
- Foshee v. BrigmanTennessee Supreme Court · 1939
- Board of Trustees v. GottenMississippi Supreme Court · 1918
- Faulkner v. HookSupreme Court of Missouri · 1923
- Ogle v. TrotterCourt of Appeals of Tennessee · 1973
12 more not listed; retrieve them via the Exa API.