Saulsberry v. Saulsberry

HAMILTON, Circuit Judge.

This action was originally instituted by appellee, E. L. Saulsberry, against appellant, W. F. Saulsberry, and J. P. Saulsberry and his wife, Nell Saulsberry, to establish appellee’s right to a way across the, lands of appellant and his co-defendants, which they owned in fee, as co-tenants. The court granted the prayer of appellee’s petition, from which judgment W. F. Saulsberry alone appeals.

The facts are not in dispute and are substantially as follows:

Prior to 1896, William Saulsberry owned in fee a tract of land of approximately 700 acres, through which the…