Reip v. County Court of Calhoun County

Hatcher, Judge:

A demurrer to the declaration in this case was overruled and the sufficiency of the declaration certified to this Court for decision.

The allegations of the declaration are, substantially, as follows : Plaintiff has owned a farm for many years, and about 30 years ago, without obtaining any right whatsoever from him, the defendant constructed, and has since maintained, a roadway through the farm. Plaintiff limited the width of the use to 20 feet by fences on either side of the way, from the time it was opened until about December, 1928, when the defendant, again without…