Whitaker v. Million

Opinion op the Court by

Stanley, Commissioner'—

Reversing.

The appeal is from a judgment enjoining the use of a passway by the appellant, F. J. Whitaker, over the property of the appellees, A. J. Million and wife. The claimed passway leads from appellant’s farm sontheastwardly across appellee’s farm, passing by the dwelling and barns, thence down a lane owned by the appellee in fee, to the “Mule Shed lane,” or Newby road. Before 1902, the two farms were in one body. In that year Whitaker bought about 98 acres of the northeastern part of that tract and built a house on the ridge, in which he has…