Dixon v. Feaster

448 So.2d 554 (1984)

John A. DIXON, et al., Appellants,

v.

Jacob Lynn FEASTER, et al., Appellees.

No. 83-392.

District Court of Appeal of Florida, Fifth District.

March 29, 1984.

T. Allen Crouch, Gainesville, for appellants.

H. Randolph Klein of Klein & Klein, Ocala, for appellees.

COWART, Judge.

This case involves the right to a way of necessity as that common law concept is recognized in section 704.01(1), Florida Statutes (1981).

When he died in 1943 Jake W. Feaster left children including J. Lynn, James O., Mary Leila, and Lizzie Lois Feaster Dixon, and owned the 173 acres sketched as follows:

By…