Atkins v. Hooker

The appellants, husband and wife, to whom we shall hereafter refer as plaintiffs, brought this action to condemn a private way of necessity over defendant Ralph C. Hooker’s lands, through which their cattle might pass from plaintiffs’ premises onto the public domain, to graze thereon. At the trial the other defendants were dismissed, it appearing that after the action was brought defendant Hooker acquired the land sought to be condemned. The court heard the case and denied plaintiffs the right to condemn for the purposes stated, and they have appealed.

The plaintiffs are the patentees of…