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83 Ark. 369

Scott v. Dishough

Supreme Court of Arkansas

Decided July 8, 1907

Supreme Court of Arkansas · decided 1907-07-08

Hawkins, Chancellor; To constitute an easement or servitude, the proof must show the establishment either by writing or by prescription. 19 Ark. 23. If by prescription, the use and engagement must be open, notorious, adverse, uninterrupted and continuous for the full time. 19 Ark. 23; 47 Id. 66; 49 Id. 503; 22 Am. & Eng. Enc. Law. (2 Ed.), pp. 1192-3. It is not adverse if used also by the owner of the fee. 96 Tenn. 378; 36 S. W. 1040; 47 Ark. 66; See also 22 Am. & Eng. Enc.

Key passage — most relied on by later courts

““This is sufficient to vest them with an easement therein; seven years adverse possession being sufficient for that purpose.” (Citing other cases.)”

quoted by 1 later decision, including Fullenwider v. Kitchens

Relies on Wilson v. Spring · Jacks v. Chaffin · Johnson v. Lewis

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1907-07-08

How this case has been cited

Cited by 6 later decisions — most recently April 1954

6 state decisions

30190719101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Battue, J.

¶1This suit was brought by J. B. Dishough against F. H. Scott to enjoin and restrain him from closing up an alley between blocks 197 and 198 in the town of Monticello, in this State. The chancery court granted the injunction, and the defendant appealed.

¶2There is an alley between blocks 197 and 198 in the town of Monticello, in this State. The alley lies, partly, on both blocks. It is a matter of convenience and necessity to the owners of both blocks, and the preponderance of .the evidence in the cause shows that it has been used by the owners openly, continuously, peacefully and adversely as an alley for various purposes for a period of time ranging from ten to twenty years. This is sufficient to vest them with an easement therein; seven years’ adverse possession being sufficient for that purpose. Johnson v. Lewis, 47 Ark. 66; Wilson v. Spring, 38 Ark. 181; Jacks v. Chaffin, 34 Ark. 534; Hysmith v. Patton, 72 Ark. 296; 10 Am. & Eng. Enc. Law (2 Ed.), 426, and cases cited.

¶3Decree affirmed.

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