George v. Phillips

HUTCHINSON, Justice.

Donald and Joy George appeal from a final judgment granting a permanent injunction enjoining them from interfering with appellees’ and the public’s use and enjoyment of a public road. The Georges complain that there was no evidence to support two jury findings and that a faulty instruction on the theory of right-of-way by necessity was given. We affirm.

The 308 acres in Marion County involved in this suit were originally owned by W.H. and Frances Whiten. In 1936, the District Court of Marion County entered an agreed judgment severing the tract. Fifty acres were awarded to…