Warren v. Cudd

Elsijane T. Roy, Justice.

This action involves an alleged easement running from a county road approximately one mile across appellants’ farmland. The trial court found that appellees, whose farm properties lie to the south of appellants’ land, had established an easement by prescriptive right and permanently enjoined appellants from restricting appellees’ use of the roadway. Appeal was brought from this decree.

The testimony established that a roadway had existed over appellants’ land for a number of years but public use had been abandoned for more than the statutory period. Appellees had…