Horton v. Wayne County

Nichols, Chief Justice.

Homer S. Horton and his sister, Ann Horton Mitchell, appeal from a judgment entered on a jury verdict, the effect of which is to adjudicate that an unpaved, narrow roadway across their property impliedly has been dedicated as a county road. Horton’s former wife, Inez, lives in Horton’s house at the end of the roadway in accordance with provisions of their final judgment and decree of divorce. The county has been maintaining the roadway since 1961 or 1962 at the request of the former Mrs. Horton and with the knowledge of Mr. Horton. Mr. Horton and his sister sought by…