Carpenter v. Stapleton

The appellants, heirs of J. P. Shelborne, instituted this suit, against the heirs of Elias Harber, to restrain them from using a private way across a tract of land appellants inherited from J. P. Shelborne. To a decree declaring that appellees, as heirs of Elias Harber, have an easement in the way, this appeal was allowed.

While both sides introduced evidence tending to support their respective theories, we think the following facts are reasonably well established: James Shelborne, at the time of his death in 1890, owned a tract of some 400 acres of land in Lee county. This land was bounded on…