Kinkade v. Lyons

Opinion of the Court by

Judge Dietzman

Affirming.

The appellee brought this suit against the appellants to establish his right to an open and unobstructed pass-way from his farm over their lands to the Black Branch road. The claimed passway runs in a northerly direction from appellee’s farm over the land of the appellants Kinkade and along the division line of the farms of these appellants and the appellant Hicks for a length of 1,082.4 feet. For this length, it is 20 feet wide. It then makes a right angle turn and runs eastwardly 1,947 feet to the Black Branch road. This arm of the passway is…