Horne v. Hopper

Plaintiff in error was plaintiff in a suit to enjoin defendant in error from building a fence on a private way situated on the west line of the lot of the defendant, which ran north and south connecting the . street in front with a public alley in the rear. The plaintiff claims a prescriptive, right based on twenty years’ use of the drive-way. On the trial the court found for the defendant, dismissed the complaint, and the plaintiff is here on error.

The record discloses that the plaintiff purchased, in October, 1892, the west half of lot 6, block 83, in the city of Greeley; that three months…