McAllister v. Smiley Ex Rel. Estate of Smiley

Chandler, Justice:

This case involves a dispute between adjoining landowners over use of a road dividing their property. The jury returned a verdict for Respondent Smiley (Smiley), owner of the land on which the road is located. Appellants Billy McAllister and McAllister Motors, Inc. (McAllister) appeal *11the denial of a motion for directed verdict, based upon the ground that, as a matter of law, an easement exists.

We reverse.

FACTS

The road in question appears on a plat made July 10,19691 for Smiley’s predecessors in title, J. C. and Addie Fulmore (Fulmores). As shown by the plat the property is…