Arkansas State Highway Comm'n v. Marlar

George Rose Smith, Justice.

In 1962 the highway department set .about widening and paving a dirt road that passed in front of the appellees’ home in Nevada county. The landowners resisted the entry upon their property. To meet that obstacle the highway department filed this suit to enjoin the Marlars from obstructing the work. The chancellor granted the injunction but required the department to file a $10,000 bond to protect the landowners’ claim.

The case was not tried until December, 1968. The court found that the public easement was not as wide as the department asserted it to be. The…