McBeth v. Trabue

Appeal from Monroe Circuit Court. — ITon. John T. Redd, J udge. 1. Adjoiniug owners, appellants had created the avenue over their adjoining lands under.the belief that the avenue was likewise created over the land involved, and this was the moving consideration; they, with the public, had so enjoyed the avenue for seven years; the parties vending the land had, during said period, concurred and participated in said establishment and use of said avenue, knowingly and profitably availing themselves both of the property and the deception of said adjoining proprietor’s, and said vendors had never…