Murphy v. Melton

BRIGHTMIRE, Judge.

For'well-nigh 40 years, says plaintiff, he has been using a rutty road on defendant’s farm to reach the southwest corner of his own adjoining quarter section of Lincoln County land. But in May 1976 his neighbor’s husband told him he was going to be “shut out” and prohibited from further use of the road.- John Murphy then brought this lawsuit asking the court to quiet title in him to an easement in the roadway. The trial court granted the requested relief and the burdened land owner appeals.

I

In its essential aspects the evidence is that Murphy acquired his 160 acres in 1944…