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Hensley v. Henry

The trial court properly amended the judgment based on juror testimony that was consistent with the language of the verdict.

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A jury determined that William Henry was entitled to a private way by necessity over land owned by Augustine Hensley, Jeff Hensley and Linda Weaver. On appeal, the Hensleys and Weaver claim that 1 the evidence did not establish a private way by necessity; 2 the compensation awarded to them was insufficient; 3 the court erred by denying a motion for mistrial based on an improper jury view; and 4 the court erred by allowing two jurors to testify orally and impeach the verdict. We disagree and affirm.

Henry owns 76 acres of land in Murray County that he inherited from his mother in 1987. She had inherited the property from her father in 1978. Henry’s mother had used Jonas Road located on land owned by the Jonas family exclusively to access the property. When Henry first obtained the property, he also used Jonas Road for access. The only other established road that accesses the property is a field road known as Weaver Road.

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