Daniel v. Shaver

Opinion op the Court by

Judge Sampson

Affirming.

Claiming a prescriptive right to a passway over the lands of appellant, Eugene Daniel, S. P. Shaver, instituted this action for a mandatory injunction against Daniel to require him to remove an obstruction which he placed across the passway in question, and to recover $250.00 damages. Daniel owns a farm lying on both sides: of the turnpike. Adjoining this farm Shaver owns two adjoining tracts which together contain about thirty acres, but Shaver’s tract lies away from any road or passway except the one in controversy. A part of Daniel’s land lies…