Glover v. Falls

Citations

• 120 Miss. 201
• 82 So. 4

Syllabus

<p>1. Appeal and Ekkor. Decree of chancellor.</p> <p>Where in an injunction suit to restrain defendant from opening new roads or crossing plaintiff’s lands, a decree was rendered by the chancellor based on conflicting evidence and a personal inspection of the premises by the chancellor, his decree will not be disturbed by the supreme court on appeal.</p> <p>2. Easements. Grant in general terms. ' ,</p> <p>If an easement in land is granted in. general terms without giving definite location and description to it, the grantee does not thereby acquire a right to use the servient estate without limitation as to place or mode in which the easement is to be enjoyed. The right to locate belongs to the owner of the servient tenement, but he must exercise it in a reasonable manner, Laving due regard to the rights and interest of the owner of the dominant estate. If, however, he fails to designate the easement when requested, as for example the course of a right of way, the party who has the right thereto may select a suitable route for such way, taking into consideration the interest and convenience of the owner of the land over which it passes. In such case the route is determined, not by the sole interest of either of the parties, but by the reasonable convenience of both.</p> <p>3. Loes and Logging. License. Construction.</p> <p>The fact, that roads were laid’ out and in use on the grantor’s plantation, when he granted to the purchaser of timber, the privilege of ingress and egress to said timber, carries the presumption that the grantee was expected to use the ways already laid out, maintained and in use.</p> <p>4. Easement. Grant in general terms. Change of location.</p> <p>The general rule is that if an easement granted in general terms has been located, it cannot be changed without the,consent of the other party, and cannot be treated as a “shifting” one.</p> <p>5. Evidence. Parol evidence. Location of easement granted in general terms.</p> <p>Where the owner of a plan