Cooper v. Carl T. Culverhouse Realty, Inc.

TORBERT, Chief Justice.

James W. Cooper, Jr. brought an action for a declaratory judgment to declare that he was the holder of an easement across the land of the defendant, Carl T. Culverhouse Realty, Inc. (Culverhouse). The plaintiff appeals from a judgment by the trial court denying such relief.

All of the land in question was originally owned by James W. Cooper, Sr., and Clara Rice Cooper, the parents of plaintiff. In 1959 the plaintiff’s parents sought to subdivide the land into 6 lots as home sites for each of their six children.1 Each lot was approximately 79 feet wide and 170 feet deep.…