Rushin v. Humphrey

OPINION

SAM BASS, Justice.

The appellees, Royce Humphrey and Sharon K. Humphrey, sued the appellants, Corine Rushin and her children, as the heirs of Oscar Rushin, deceased, to enjoin them from obstructing appellees’ access across roadway that crossed the appellants’ land. The appellees allege, in effect, an easement by necessity across the appellants’ property and that the appellants wrongfully obstructed the easement by erecting a gate across the 30-foot roadway where it connects to Old Richmond Road. After a non-jury proceeding, the trial court entered judgment for the appellees. In its…