Mize v. Ownby

The Chancellor held that defendant Ownby had no right to substitute cattle guards for gates on an easement or roadway over the servient estate of complainant Mize for the benefit of the dominant estate of defendant Own-*209by. The Court of Appeals reversed tlie decree of the Chancellor, holding that under the facts the substitution was lawful and proper. The cause is here on petition for certiorari.

Complainant and defendant hold titles to both tracts of land that stem from a common owner, J. E. Frazier, who, on January 1, 1915, sold 140 acres to defendant’s predecessors in title. Following the…