Swango v. Greene

Opinion of the Court by

Judge Settle

Affirming.

The appellant sought, in this action, to have the circuit court adjudge him entitled by prescription to a pass-way over the land of appellee, leading from his (appellant’s) residence and land to the Holbrook and Stewartsville turnpike.

The passway runs in an easterly direction from appellant’s land and upon a ridge of appellee’s land, a distance of 2,940 feet, to its intersection with the turnpike. Appellant’s claim to the passway is bottomed upon his alleged adverse, continuous use of it for more *228than fifteen years before the institution of the…