Keith v. Baker

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellants, defendants below, appeal from an order of the Perry circuit court permanently enjoining them from using a roadway, or that part thereof which crosses appellees’ land. The parties owned adjoining farms, appellants having purchased their land in 1944, and had been using the road from that time until they were denied the right and later stopped by temporary restraining order.

As is usual in such cases, the contention of appellants was that the roadway in question had been used by the public for a longer period of time than necessary…