Scott v. Dishough
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Marcus L. Hawkins, Chancellor; To constitute an easement or servitude, the proof must show the establishment either by writing or by prescription. 19 Ark. 23. If by prescription, the use and engagement must be open, notorious, adverse, uninterrupted and continuous for the full time. 19 Ark. 23; 47 Id. 66; 49 Id. 503; 22 Am. & Eng. Enc. Law.
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Appeal from Drew Chancery Court; Marcus L. Hawkins, Chancellor; To constitute an easement or servitude, the proof must show the establishment either by writing or by prescription. 19 Ark. 23. If by prescription, the use and engagement must be open, notorious, adverse, uninterrupted and continuous for the full time. 19 Ark. 23; 47 Id. 66; 49 Id. 503; 22 Am. & Eng. Enc. Law. (2 Ed.), pp. 1192-3. It is not adverse if used also by the owner of the fee. 96 Tenn. 378; 36 S. W. 1040; 47 Ark. 66; See also 22 Am. & Eng. Enc. Law (2 Ed.), pp. 1203-4, 1208, 1211; 47 Ark. 66; 73 Id. 296. ■ The alley has…
1Opinion of the CourtBattue, J.
This suit was brought by J. B. Dishough against F. H. Scott to enjoin and restrain him from closing up an alley between blocks 197 and 198 in the town of Monticello, in this State. The chancery court granted the injunction, and the defendant appealed.
There is an alley between blocks 197 and 198 in the town of Monticello, in this State. The alley lies, partly, on both blocks. It is a matter of convenience and necessity to the owners of both blocks, and the preponderance of .the evidence in the cause shows that it has been used by the owners openly, continuously, peacefully and adversely as an…
2Cases cited4 opinions
- Jacks v. ChaffinSupreme Court of Arkansas · 1879
- Wilson v. SpringSupreme Court of Arkansas · 1881
- Johnson v. LewisSupreme Court of Arkansas · 1885
- Hysmith v. PattonSupreme Court of Arkansas · 1904
3Cited by6 opinions
- Fullenwider v. KitchensSupreme Court of Arkansas · 1954
- McGill v. MillerSupreme Court of Arkansas · 1926
- Alstad v. BoyerSupreme Court of Minnesota · 1949
- Bond v. StantonSupreme Court of Arkansas · 1930
- Kirby v. City of HarrisonSupreme Court of Arkansas · 1941
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