Marshall v. Winter

Lewis, Justice.

Defendant has appealed from an order of the lower court denying motions (1) to require plaintiff to make his complaint more definite and certain and (2) to bring in additional parties to the action.

The complaint alleges that plaintiff and defendant own adjoining lands across which a public highway was at one time established; that plaintiff and his predecessors in title have used the said road as a means of ingress and egress to and from plaintiff’s lands for a period of more than one hundred (100) years; and that, about February, 1965, the defendant erected a gate upon and…