Muncy v. Updyke

The bill in this case was filed by the appellee, J. M. Updyke, praying for an injunction restraining the defendant, Patton Muncy, from obstructing a certain right of way through his land which the complainant claimed to be entitled to. The court granted a temporary injunction and subsequently, upon the hearing on the merits, entered a final decree perpetuating this injunction, from which decree the defendant, Muncy, has taken this appeal.

Appellant contends that it is not alleged in the bill that the appellee was entitled to a right of way by prescription, and, therefore, that it was error to…