Thomas v. Mitchell

Cureton, Judge:

This is an action for injunction. The sole question presented is whether the respondents Kathyrn Vereen Mitchell and Deborah G. Vereen should be required to remove a locked cable erected across an easement owned by the appellant A. C. Thomas, Jr., which crosses their agricultural lands. The action was referred to the master-in-equity who determined that the servient estate could burden the dominant estate with the gate. We affirm.

In 1974 Thomas purchased 53.30 acres of land from Eu gene Vereen, father of the respondents. The tract was separated from the public road by other…