Daniel v. Clarkson

PALMORE, Judgei

This is a suit to enjoin the obstruction of a claimed passway easement across farm land. The answer put in issue the existence of the easement, but the case was tried and has been briefed in this court as if the only question were the location of the right-of-way. Both sides appeal from the location as fixed by the chancellor.

Clarkson and wife, the plaintiffs, own a 92-acre tract of land bought from John W. Honaker (Mrs. Clarkson’s father) in 1944. Adjacent to and immediately south of this land is the 75-acre tract of Daniel and wife, the defendants, which they bought from…