Miller v. Pettit

CASE 42. — SUIT BY BETSY JANE MILLER AND ANOTHER AGAINST CHARLES S. PETTIT CONCERNING A PASSWAY. Appeal from Grant Circuit Court. B. P. MIenbpbb, Circuit Judge. Judgment for defendants, plaintiffs appeal Easements — W ays' — Prescription—Obstruction. — Where plaintiffs had used a passway from their line to a pike along a branch for between 30 and 40 years, free from gates or other obstruction, except at the boundary of plaintiff’s land, defendant, the owner of the way and the land adjoining it it the entrance of the pike, could not obstruct tae way by gates or by placing poles in the branch,…