McCauley v. Owens

Opinion op the Court by

Judge McCandless

Affirming.

In a division of the Phillips farm, 53.26 acres of land facing the Silvendell and Venus turnpike road was allotted R. L. Phillips and 99 acres adjoining the back of the above tract was allotted to W. W. Phillips. The latter tract does not lie on a highway, and in the partition deed W. W. Phillips was granted a passway from his farm to the pike over the intervening lands of R. L. Phillips thus described:

“A gated passway twenty feet in width from the old Howard home (now his place of residence) to the Silvendell turnpike road, at or near the S.…