Simpson v. Harbin

This case concerns a private prescriptive easement. The plaintiff seeks relief from the trial court's denial of his petition for rule to show cause and the court's refusal to find the defendants in contempt. We affirm.

On or about October 1, 1980, the defendants, J.D. Harbin and Mickey W. Smith, erected a fence-like structure and placed mounds of dirt over a road on their property. The road led to the adjoining property of plaintiff, J.D. Simpson, who filed suit seeking the removal of this obstruction. The trial court so ordered on March 22, 1982, following a finding that Simpson possessed a…