Dixie Furniture Co. v. Arkansas Power & Light Co.

Melvin Mayfield, Judge.

Appellant, Dixie Furniture Company, has appealed a decision of the Phillips County Chancery Court granting partial summary judgment to appellee, holding that appellee had acquired a prescriptive easement over lands of the appellant and that the appellant and its predecessors in title knew or should have known the lands were being used adversely.1

Summary judgment is an extreme remedy and should be granted only when it is clear that there is no genuine question of fact in issue. Johnson v. Stuckey & Speer, Inc., 11 Ark. App. 33, 665 S.W.2d 904 (1984). In the present case,…