Mount Olive Stave Co. v. Handford
Supreme Court of Arkansas
Appeal from Independence Chancery Court; Geo. T. Humphries, Chancellor; 1. The grant was purely for a public highway, and since -appellees, by their own act, terminated its use as a public highway, the fee reverted to the Maxfields, and was conveyed by them to appellant discharged of any right or easement in favor of appellees or of the public. 24 Ark. 102-108; 50 Ark. 467. 2. No easement exists in favor of the appellees.
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Appeal from Independence Chancery Court; Geo. T. Humphries, Chancellor; 1. The grant was purely for a public highway, and since -appellees, by their own act, terminated its use as a public highway, the fee reverted to the Maxfields, and was conveyed by them to appellant discharged of any right or easement in favor of appellees or of the public. 24 Ark. 102-108; 50 Ark. 467. 2. No easement exists in favor of the appellees. An easement will be extinguished by an act of the owners of the dominant estate which is incompatible with the existence of the right claimed. 52 Atl. 786; 17 Am. Dec. 710;…
1Opinion of the CourtHart, J.
Prior to the 10th day of June, 1891, Theo. Maxfield and his brothers were the owners of a strip of land consisting of about fifteen acres, extending east and west along the north bank of White River, and joining the city of Batesville on the west. On the above mentioned date, the Maxfields sold the eastern portion of said tract, consisting of 7.75 acres, to J. S. Handford and others, the appellees in this action. Pursuant to an agreement made when this deed was executed, on the 20th day of October, 1897, the Maxfields executed a deed for a strip of land thirty feet wide running through the…
2Cases cited1 opinion
- Dempsey v. DavisSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Holmes v. CountissSupreme Court of Arkansas · 1938
- Citizens' Investment Co. v. ArmerSupreme Court of Arkansas · 1929
- Garrett v. Lion Oil & Refining Co.Supreme Court of Arkansas · 1927