Hampton v. Fuson

Opinion op the Court by

Judge Settle

Affirming.

This controversy arose over a passway across the land of appellant, claimed and used by appellee, and the action was brought by the former to prevent its further use by the latter; an injunction being asked to better accomplish that end. The circuit court adjudged appellee entitled to the use of the passway and dismissed appellant’s petition, hence this appeal.

Appellee purchased and moved upon the small tract of land he owns in 1896. The appellant became the owner of the farm through which the passway runs in 1901. The land of appellee lies at or…