Cupp v. Gregory

Opinion op the Court by

Judge Cammack

Reversing.

Andy Cupp and his wife, Sarah, instituted this proceeding to close an old passway which runs across a corner of a farm purchased by them in 1937. It was their contention that the use of the way by the appellees, who live back of their farm, has been permissive. They set forth in their pleadings, however, that to avoid difficul ties with, their neighbors they had laid off a new way 16 feet in width along the northern boundary of their farm, which connects with the county road some 380 feet to the north of where the old way joins it. The appellees…