McCarty v. Walton

Plaintiffs, John Raymond McCarty and Helen McCarty, filed an action to quiet title to an easement over the land of defendant and for a mandatory injunction requiring defendant to remove certain obstructions placed by her on the road in question and also for damages caused by the barricading of such road. The trial court found that “at the time that plaintiffs purchased said real property from defendant's predecessor in interest, a right of way over said roadway was granted by implication to plaintiffs for use thereof as appurtenant to the real property described above; and plaintiffs have…