Craig v. O'BRYAN

I do not agree with the majority opinion in the following particulars :

One. The chancellor held that appellees had acquired a road by prescription. I would affirm that holding. Where the public uses a road across unoccupied and unenclosed land, there is a presumption the usage was permissive. See Nelms v. Steelhammer, 225 Ark. 429, 283 S. W. 2d 118. There is a good reason for such a presumption, because the owner of the land might not know of the usage. Such presumption does not arise where the land is occupied or cultivated, as here. The majority, in reversing the chancellor on this point,…