Wynn v. Powell

MOREMEN, Judge.

Willard Wynn owns a farm in Rock-castle County which fronts on the Copper Mill Road. Back of and adjoining this farm, Alex Powell, the appellee, owns a farm. He claims a right to reach the Copper Mill Road by an alleged passway over the land of Wynn.

Appellee claimed that the right to use the passway had arisen by prescription and introduced 19 witnesses, including himself, most of whom lived in the neighborhood. They testified that the passway had been used by the public for a great number of years — some stating the use had been continuous for a period of 60 or 70 years.

The…