Cottrell v. Daniel

This is a suit to enjoin the obstruction of an easement claimed by the owner of lands abutting upon an abandoned public road. Defendants seem to conclude that such an easement once existed, but insist it had been abandoned in the complainant had erected obstructions across it and is now estopped from asserting a claim thereto. The Chancellor found:

“That the complainant, Lizzie Cottrell, by her failure to keep in repair and by placing or permitting the placing of obstructions across the road sought to be opened indicated an intention on her part to abandon her easement in said road, and that…