Harless v. Malcolm

This suit in equity was brought by S, W, and Beatrice Harless against J. W. and Julia Malcolm to enjoin them from using a road or lane that crosses land owned by complainants. Defendants claimed that they enjoyed an easement in the road over complainants’ land as a means of ingress and egress between their land and a public highway, known as the Benham road.

Part of the evidence submitted to the court was in deposition form and part was heard ore terms by the trial judge. The court found that complainants’ and defendants’ tracts of land stemmed from a common source, that both had been parts of…