Howard v. Fleming

Nichols, Justice.

Edward and Reba Howard filed a complaint in which they sought to permanently enjoin Corine Land Fleming from closing an alleged private way over her land. The private way was allegedly created by adverse possession, remained open and in continuous use for more than 7 years, and repairs were made as needed. The jury returned a verdict for the defendant and after a motion for judgment non obstante veredicto was overruled, the present appeal was filed. The enumerations of error contend that a finding for the plaintiffs was demanded and that the trial court erred in refusing to…