Webb v. Finley

PREWITT, Judge.

Plaintiffs sought declaratory judgment, declaring their “right to erect, maintain and repair a gate or cattle guard at each end of Defendants’ roadway easement”. They also sought an injunction restraining defendants from interfering with a gate at each end of the easement and damages for defendants’ dismanteling two gates placed there by plaintiffs. Defendants answered, contending that they had a right to use the easement across plaintiffs’ property free of gates or cattle guards.

Following nonjury trial, the trial court determined that plaintiffs were entitled to erect gates or…