Dobbs v. Dobbs

Thompson, Justice.

The issues for decision in this appeal are whether the trial court erred in ordering specific performance of an oral contract for the sale of land, and concluding that appellant had not acquired a prescriptive easement in the driveway of the property. We find no error and affirm.

Appellant Larry Dobbs and appellee Gary Dobbs are brothers who entered into an oral contract in 1973 for Larry to sell and Gary to purchase a house and one acre of land. The brothers agreed that Gary would assume the mortgage, and take possession of and maintain the property. They further agreed that…