Witt v. Creasey

The question in this case is whether the appellant is entitled to a private right of way from his own land over and across the land of the appellee. The circuit court held that he was not entitled to such right, “by prescription or otherwise,” and the correctness of that holding is challenged by this appeal.

The allegations of the bill do not indicate with entire perspicuity the exact basis upon which the appellant in-: tends to rest his claim, but under a liberal and perhaps correct interpretation we may regard the bill as sufficient to set up a claim on his part to a right of way, either (1)…