Smith v. Smith

Opinion of the Court by

Judge Latimer

Affirming.

_ This action was brought by the appellee, Albert E. Smith, against James Melvin Smith.

The appellee claimed a p'assway through and over the lands of the appellant. The lower court found for the appellee and granted him an easement and right to use the road. From the judgment this appeal is prosecuted.

The lands of the appellee and appellant adjoin and each is a portion of what at one time comprised one boundary owned in its entirety by Samuel Smith. Prior to the time he conveyed the lands to his three sons, Samuel Smith had been a merchant and…