Sams v. Young

Quillian, Justice.

This was a suit seeking to enjoin acts of the defendant, which the plaintiff alleged were a continuing trespass against his easement for a right of way over government land. The petition alleged that the United States Government, for the consideration of $50, granted the plaintiff L. R. Sams an easement to build and use a road over a defined route across certain described lands. The further averments of the petition were: that the plaintiff was the owner of, and in the exclusive possession of, an easement for the right of way; that he had employed a third party to grade and…