McCAIN v. TURNAGE

Appellants, complainants below, sought a decree adjudicating their right to a prescriptive easement across the defendants ’ land and injunctive relief. The case was heard on bill, answer, and evidence, resulting in the dismissal of the bill. Complainants appeal.

Appellants own and live on lands lying one-half mile south of the Summit public road which runs east and west. The evidence showed without dispute that since some point in time anterior to the memory of aged citizens of the community, or more than fifty years ago, there has been a roadway extending from the lands of appellants across…