McWhorter v. Holcomb

Opinion of the Court by

Judge McCandless

Reversing.

A. B. Holcomb owned a farm of 188 acres, extending back from the county road and np a mountain side to its crest. At the back side was a tenant house with a pass-way leading down a hollow by his residence to the county road. This does not seem to have been much used, but was the only way of reaching that part of the farm. Elijah McWhorter owned the adjoining land on the other side of the mountain. His land connected with another county road on that side.

In December, 1889, he purchased 80 acres of the adjoining Holcomb land, and later sold a…