Rogers v. Bollinger
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Eort Smith District. Edgar E. Bryant, Judge. 1. If the easement existed, it was not appurtenant, but a mere right of way in gross, a mere personal privilege, which dies with the grantee, and cannot be exercised after the donor has parted with his title to the land upon which the alley is situated. Washb. Easements, etc. (4th ed.), 58, note 2; 14 D. R. An. 333, and note; 21 Am. St. Rep. 652; 9 Am.
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Appeal from Sebastian Circuit Court in Chancery, Eort Smith District. Edgar E. Bryant, Judge. 1. If the easement existed, it was not appurtenant, but a mere right of way in gross, a mere personal privilege, which dies with the grantee, and cannot be exercised after the donor has parted with his title to the land upon which the alley is situated. Washb. Easements, etc. (4th ed.), 58, note 2; 14 D. R. An. 333, and note; 21 Am. St. Rep. 652; 9 Am. Dec. 161; 23 id. 440 ; 7 id. 188; 144 Mass. 371; 23 Oh. St. 614; 54 Me. 276 ; 80 Am. Dec. 748 ; 2 Wait, Ac. & Def. 676. No easement in one parcel can…
1Opinion of the CourtHughes, J.
R. M. Johnson, on June 7,1856, (being-the owner of lot 1, block 8, in the city of Port Smith, situated at corner of Garrison avenue and Ozark or first street, fronting seventy feet on Garrison avenue, and running back on Ozark street 100 feet, abutting at the rear end on lot 3 of said block 8,) by warranty deed conveyed to the father of appellees twenty-three and one-half feet of said lot fronting on Garrison avenue, and running back ninety-six feet to “an alley four feet wide, leading to Ozark street.” This is the description shown to have been in the deed, so far as relates to the alley.…
2Cases cited1 opinion
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by4 opinions
- Bass v. WilleySupreme Court of Arkansas · 1950
- Hamilton v. SmithSupreme Court of Arkansas · 1948
- Sawtelle v. AstorCourt of Appeals of Tennessee · 1938
- Bass v. WilleySupreme Court of Arkansas · 1950