Justice v. Dunbar

Smith, Judge.

On this appeal, transferred here by the Supreme Court, Justice contends the trial court erred in granting appellee Dunbar’s motion for summary judgment. Finding the appeal to be without merit, we affirm the judgment of the trial court.

Appellant and appellee own adjoining tracts of land. Appellant brought this suit under Code § 85-1401, seeking to establish a right of private way over a road located on appellee’s property and to enjoin appellee’s obstruction of the road.

1. It was not disputed that appellant’s use of the private road originated by permission of Mrs. Banks, who…