Totten v. Stuart

The Back Hollow private road intersects the Poor Valley public road on a ten acre tract of land in Smyth county. Alexander Stuart and his tenants used the Back Hollow road to get from the Poor Valley road to his lands, which were not accessible from the public road. The Tottens were in possession and claimed ownership of the ten acre tract, and locked the gate entering the Back Hollow road.

Stuart filed his bill against the Tottens, alleging that he owned the ten acres claimed by the defendants, but, if not, that he was entitled to a right of way through the land by prescription, and prayed…