Legal Opinion

Clark By And Through Clark v. Eubanks

Court of Appeals of Arkansas

Decided January 30, 2019No. CV-18-283PublishedCited by 5 opinions

1Opinion of the CourtN. Mark Klappenbach, Judge

Wilson Clark, by and through his attorney-in-fact, his son Jason Clark, filed a petition in the Madison County Circuit Court to establish a prescriptive easement in a roadway crossing over property owned by appellees Marsha and Jimmy Eubanks.

*508The circuit court denied Clark's petition. Clark now appeals, and we affirm.

The road in question intersects with a county road and runs through the Eubankses' property and onto the eastern boundary of the property owned by Wilson Clark. Clark alleged in his petition that he and his predecessors in interest had used the roadway in an open, notorious,…

2Cases cited3 opinions

  1. Fullenwider v. KitchensSupreme Court of Arkansas · 1954
  2. Baysinger v. BiggersCourt of Appeals of Arkansas · 2007
  3. Wilson v. SchumanCourt of Appeals of Arkansas · 2005

3Cited by5 opinions

  1. Pop-A-Duck, Inc. v. GardnerCourt of Appeals of Arkansas · 2022
  2. Cross County School District v. Beth Turbiville; Joseph W. Turbiville; Melissa White; And Arthur C. WhiteCourt of Appeals of Arkansas · 2020
  3. The Laura Taylor Living Trust, Laura Taylor and Frank Taylor, Trustees v. the David L. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Littrell, Trustees; And the Mary R. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Liitrell, TrusteesCourt of Appeals of Arkansas · 2025
  4. Arkansas County Bank, Dewitt v. Pin Oak Hunting Club, Inc.Court of Appeals of Arkansas · 2022
  5. Rats Entertainment Park, LLC v. Rogers Land & Timber, LLC And Joe M. Rogers, Sr.Court of Appeals of Arkansas · 2024

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