Legal Opinion
Wilfong v. Cessna Corp.
Indiana Supreme Court
Decided November 29, 2005No. 47S01-0511-CV-609PublishedCited by 24 opinions
1Opinion of the Court
ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 47A01-08310-CV-00406.
SULLIVAN, Justice.
Paul Wilfong claims to have a prescriptive easement permitting him to use a private roadway across Cessna Corporation's property. While there was evidence that previous owners of Wilfong's property used the roadway, there was also evidence at trial that the prior use had been only with the permission of the owner and not "hostile or under any claim of right." This latter evidence was sufficient to support the trial court's rejection of Wilfong's claim.
Background
The question in this case is…
2Cases cited11 opinions
- McHenry v. StateIndiana Supreme Court · 2005
- Quillen v. QuillenIndiana Supreme Court · 1996
- Fraley v. MingerIndiana Supreme Court · 2005
- Matter of Estate of BankoIndiana Supreme Court · 1993
- Searcy v. La GrotteIndiana Court of Appeals · 1978
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3Cited by24 opinions
- Earl F. Shields, Larry J. Shields, and Robert L. Shields v. Rodney L. TaylorIndiana Court of Appeals · 2012
- Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker, A/K/A Patty TuckerIndiana Supreme Court · 2015
- Hoose v. DoodyIndiana Court of Appeals · 2008
- Garriott v. PetersIndiana Court of Appeals · 2007
- Capps v. AbbottIndiana Court of Appeals · 2008
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