Noftsger v. Barkdoll

Appellant brought this action to enjoin appellees from fencing in certain real estate over which appellant claimed a private way to and from his property. The cause'was tried by the court, and at the request of appellant the court made a special finding of facts, and stated conclusions of law thereon, to which appellant excepted. Final judgment was rendered in favor of appellees.

The assignment of error calls in question the conclusions of law.

The special finding, so far as necessary to the determination of this case is substantially as follows: “On and prior to May 14, 1888, the appellee,…