Johnson v. Lewis
Supreme Court of Arkansas
APPEAL from Little River Circuit Court. Hon..H. B. Stuart, Circuit Judge. The question involved is, whether the right of way over appellee’s land, as claimed by appellants, had ripened into an easement by prescription at the time of the alleged trespass by appellees? If so, then appellees could not rightfully obstruct the way; but in doing so committed a trespass, and became liable in damages for the tort; and the proposition is plain that if appellants had already acquired…
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APPEAL from Little River Circuit Court. Hon..H. B. Stuart, Circuit Judge. The question involved is, whether the right of way over appellee’s land, as claimed by appellants, had ripened into an easement by prescription at the time of the alleged trespass by appellees? If so, then appellees could not rightfully obstruct the way; but in doing so committed a trespass, and became liable in damages for the tort; and the proposition is plain that if appellants had already acquired an easement, no matter how acquired, it was not necessary to pursue the statutory method of obtaining a private road…
1Opinion of the Court
Hon. Sol. F. Clark, Special Judge.
The appellant, Johnson, filed his complaint against appellees, Thos. and Wm. Lewis, alleging that he was in possession, and had been for some time, of a small tract of land which is surrounded by the farm of the defendants in such manner as that there is no mode of egress from it to any public highway, or ingress from any public highway, except across and upon the land of the defendants. He further alleges that he and those under whom he claimed jhad been in the habit of crossing the lands of defendants, to and from the surrounded premises for more than…
2Cases cited3 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Tracy v. AthertonSupreme Court of Vermont · 1863
- Curtis v. KeeslerNew York Supreme Court · 1852
3Cited by14 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Boullioun v. ConstantineSupreme Court of Arkansas · 1932
- State ex rel. Thompson v. ParkerSupreme Court of Arkansas · 1917
- McLain v. KeelSupreme Court of Arkansas · 1918
- Clay v. PenzelSupreme Court of Arkansas · 1906
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