Horner v. Heersche

The opinion of the court was delivered by

Fontron, J.:

The plaintiffs bring this action seeking an easement and right of way by necessity across land owned by the defendants. The trial court denied plaintiffs the relief for which they asked and entered judgment for the defendants. Plaintiffs have appealed from that judgment.

There is no dispute as to the facts, for the defendants, with one exception which we think immaterial, have adopted the statement of facts contained in the plaintiffs’ brief.

John Howard, at the time of his death in March, 1956, owned the following land in Sumner County:

“Lot…