Smith v. Oliver

Opnion op the Court by

Judge Thomas

Reversing.

Appellees, M. J. Oliver and others, who own a farm in Allen county joining on the north that'of appellant and defendant below, W. H. Smith, brought this suit against the latter in the Allen circuit court to enjoin him from closing a passway over and across his farm and running from the premises of plaintiffs to the Halifax and Halfway public road, which road borders the southern boundary of defendant’s farm. It is alleged in the petition that plaintiffs and their ancestor, George W. Oliver, have acquired by more than fifteen years’ adverse-use of…