Childers v. Groves

Opinion op the Court by

Judge Moorman

Affirming.

This suit was brought in the Gallatin circuit court to enjoin the interference with the use of a passway on the land of appellees. The action is based on continued use under claim of right for more than fifteen years. The appellees are defending on the ground that the use has been permissive.

The evidence is voluminous. It is directed not only at the manner of the use but also to the availability of other outlets from appellants’ property. The litigants own adjoining farms. The passway extends from appellants’ farm across the land of the appellees…