Finney v. Deweese

CAMMACK; Chief Justice.

This appeal is from a judgment holding that Mr. and Mrs. Clarence Deweese had a prescriptive right tO' a roadway across the land of Miss Bessie Finney. It is Miss Finney’s contention that the Deweeses are entitled only to a permissive use of the roadway. The evidence established that the roadway has been used by the appel-lees and their predecessors in title for over 50 years. In support of her contention that the use of the roadway was permissive, Miss Finney and her sister testified that, about 1926, their mother had given members of the Deweese family permission to…