McInnish v. Sibit

An appeal on questions of law and fact from a judgment of the Court of Common Pleas of Summit County brings this cause before this court for trial de novo. Additional evidence was introduced in this court by way of deposition.

The plaintiffs below, appellees here, Mclnnish, seek to enjoin the defendants below, appellants here, Sibit, from using a portion of the Mclnnish property as a driveway. Sibit has a garage on the rear of his lot, and, by using a portion of the Mclnnish driveway, he is able to get to and from the garage with his automobile.

Sibit admits that the title to the land he uses…