Wolfe v. Swopes

GARRISON, Presiding Judge.

William and Catherine Wolfe (“Plaintiffs”) filed suit pursuant to § 228.3421 to establish a private road by necessity through the property of Jerry Swopes and Henry Peek, Jr. (“Defendants”). The trial court entered judgment in favor of Defendants. Plaintiffs appeal. We affirm.

Plaintiffs own an unimproved tract of land in rural Carter County. Defendants’ properties lie directly south of Plaintiffs’ land, between it and U.S. Highway 60. The western boundary of Defendant Swopes’ property abuts the eastern boundary of Defendant Peek’s land, and both tracts are adjacent…