Stutts v. Moore

Beasley, Chief Judge.

In this dispute about the right to use a 420-foot portion of a farm road, which is now the border between the property of defendants John C. Stutts and Audrey P. Stutts (the “Stuttses”) and that of defendant Stuttson, Inc., all defendants appeal the denial of their motion for summary judgment and the grant of summary judgment to plaintiffs Buron P. Moore, Jr. and Clyde Allen Moore (the “Moores”). Although the material facts are not in dispute, the parties are at odds concerning the legal consequences which attend those facts in composite.

1. The threshold issue we confront…