Homan v. Hutchison

BRECKENRIDGE, Judge.

Ray S. Homan, Olive L. Homan and Jimmie R. Homan appeal from a judgment denying declaratory relief on their claim of a prescriptive road easement and awarding damages against Jimmie R. Homan for physical damage to personal property. The Homans present five points on appeal, claiming the trial court erred by: (1) holding that a prescriptive easement was not established across the Hutchison land by their predecessors in title; (2) ruling that a 1922 deed of the roadway conveyed fee title and not an easement where no ambiguity in the title existed and extrinsic evidence was…