Johnston v. Verboon

Richard L. Mays, Justice.

This is a suit by appellees, Robert and Carol Verboon, to enjoin appellants, Claborn and Alta Johnston, from interfering with the peaceful access to and from appellees’ property by use of a dirt roadway which crosses appellants’ land. Appellees claim an easement for ingress and egress based upon prescription. The chancellor found a prescriptive easement and granted the relief prayed. The appellants appeal, contending that the chancellor’s decision is against the preponderance of the evidence. We find appellants’ contention persuasive and, accordingly, reverse and…