N. K. Owens Et Al v. R. M. Hockett

Petitioners instituted this suit against the respondent, R. M. Hockett, for damages and for mandatory injunction to require Hockett to remove a fence which was erected by him across a road on or about April 4, 1951, and to remove certain obstructions placed in the road, and to "grade, smooth and level" said road, and "to put said road in as good and passable condition as it was immediately prior to April 4, 1951". Petitioners alleged in their petition four separate and distinct theories as a basis for their contention that they were entitled to the relief prayed for. They alleged (a) that they had acquired a private easement by prescription and thereby were entitled to use the road without interference; (b) that the public had acquired a public easement by prescription; (c) that the road in question had been dedicated to the public for a road and that such dedication had been accomplished by the acts of defendant and his predecessors in title and by the acceptance of such dedication by the public, and (d) that the petitioners were entitled to a way of necessity.