Cowart v. Baker

1. Where the plaintiff as a user of a private way over the land of another person brings his petition to the ordinary under the Code, §§ 83-112, 83-119, for removal of an obstruction placed by that person across the way, barring its further use, and alleges that the way has been in constant and uninterrupted use by himself and others for more than twenty-five years, and when on a trial there is a conflict of the evidence, as in this case, “the ordinary settles that conflict,” and it is not error for the superior court to refuse to disturb “his settlement of the issues of fact on such a…