Nord v. Devault Contracting Co.

OPINION OF THE COURT

ROBERTS, Justice.

This is an action in equity to enjoin construction of a private road. The trial court concluded that no right of appellants 1 would be invaded by construction of the road and denied relief. This appeal ensued. 2 The only issue properly presented is whether the chancellor erred in concluding that appellants possessed no easement in the land over which the road will be built. 3 We conclude that there was no error and therefore affirm.

Most of the facts were stipulated and, as supplemented by the unchallenged findings of the chancellor, they are as follows. 4

Th…