Hurst v. Baker
Ohio Court of Appeals
1997 WL 215767 (1997)
John and Effie Lowks owned some ninety-four acres of land, forty of which they sold to William Lowks in 1912. The deed described and conveyed the subject premises, “also a road” bisecting the ninety-four acres. It required John Lowks to keep both sides of the road fenced and without a gate. Hurst (plaintiff), the current owner of the forty acres, sued Baker (defendant), owner of the remaining fifty-four acres, claiming that she had fee simple title to the roadway. Baker answered that the parties had a common easement. The Common Pleas Court of Gallia County held that Baker was the owner of the roadway because the 1912 conveyance transferred not fee simple title, but an easement. Hurst appealed.
Rule of Law
Holding and Reasoning (Stephenson, J.)
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