Boger v. Gatton

LEWIS, Judge.

In this appeal, defendant Mary Ann Gatton seeks to overturn a jury determination that plaintiffs have a prescriptive easement over her property.

Evidence of the following chain of events was presented at trial. Plaintiffs own a 112 acre farm that lies approximately one-half mile off of Highway 901 near Harmony in Iredell County. At the time this action was filed, defendants John Gatton, Jr. (now deceased) and his wife, Mary Ann Gatton, owned a five acre tract adjoining Highway 901 and other interior tracts that lie between the five acre tract and plaintiffs’ farm. John Gatton, Jr.…