Kimmer v. Nelson

Gtriekin Smith, Chief Justice.

The Chancellor found .that prescriptive rights entitled Owen Nelson and his wife to use a road across property claimed by Arthur Kimmer through purchase in 1946, but permitted Kimmer, who is the appellant here, to determine alternatively what fences he would remove.

An engineer’s drawing shows the road to be within McNair’s Addition to the town of Cushman. Block 12 is in the southeastern portion of the addition. With the exception of Nelson’s home the property lying east of Fourth street is undeveloped. It was probably laid off for expansion purposes and is…