Stover v. Tipton

Ruffin, Judge.

Wayne Kenneth Stover and L. C. Stover filed a petition in probate court against Roy G. Tipton and Martha L. Tipton, alleging that the Stovers had acquired a prescriptive easement over the Tiptons’ property which the Tiptons subsequently obstructed. The Stovers asked the court to order the Tiptons to remove the obstructions. Although the probate court ruled in the Stovers’ favor, in a de novo appeal, the superior court dismissed the Stovers’ action based on res judicata. The Stovers appeal the superior court’s dismissal, and for reasons that follow, we reverse.

The relevant facts…