Skaggs v. Carr

Opinion op the Court by

Judge Clarke

Affirming.

The appellee, Carr, owns and lives upon a farm of fifty-three acres, which is cut off from a public road by .a small strip, about 175 yards wide, of land owned by appellant over which Carr traveled in going to and from his farm to the county road until recently, when Skaggs built a fence across the passway. Claiming the right -to use the passway over Skaggs’ land both by prescription and as an appurtenance to his land, Carr instituted this action for a mandatory injunction requiring Skaggs to remove the fence and leave unobstructed the pass-way…