Brandenburg v. Brooks

Conley Byrd, Justice.

Appellants Raymond Brandenburg, et ux, claimed an easement by way of necessity across property owned by appellees Mr. and Mrs. Olin Brooks, Jr. At the close of appellants’ proof the trial court directed a verdict in favor of appellees.

The evidence stated most favorably to appellants, as we must do in reviewing a directed verdict, Werbe v. Holt, 217 Ark. 198, 229 S.W. 2d 225 (1950), shows that appellees at one time owned the SW SW Sec. 4, T. 10 N, R 29 W. They sold the South 20 acres to their adjoining neighbors Mr. and Mrs. Pat Kelly. Mrs. Kelly testified that at the time…