Legal Opinion

Luster v. Garner

Tennessee Supreme Court

Decided September 15, 1913PublishedCited by 17 opinions

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

  1. Rogerson v. ShepherdWest Virginia Supreme Court · 1889
  2. Connery v. BrookeSupreme Court of Pennsylvania · 1873
  3. Fankboner v. CorderIndiana Supreme Court · 1891
  4. Hartman v. FickSupreme Court of Pennsylvania · 1895
  5. Dyer v. WalkerWisconsin Supreme Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Cole v. DychTennessee Supreme Court · 1976
  2. Foshee v. BrigmanTennessee Supreme Court · 1939
  3. Board of Trustees v. GottenMississippi Supreme Court · 1918
  4. Faulkner v. HookSupreme Court of Missouri · 1923
  5. Ogle v. TrotterCourt of Appeals of Tennessee · 1973

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API