Nowlin v. Whipple

This was an action by Annie E. Nowlin and others against Lucian C. Whipple and his wife, Nancy Whipple, the purpose of the suit' being to obtain a decree perpetually enjoining the defendants from using an alleged private way over a tract of land which the plaintiffs own as tenants in common. Nancy Whipple is the owner of a fifty-acre tract of land, and she and her co-defendant assert a right to a drive-way twelve feet wide and about 1000 feet in length across the plaintiffs’ land, in order to gain access to the above-mentioned tract, which they cultivate.

The facts pleaded and proved are…