William David Ellington v. Harlan Randall Becraft

OPINION OF THE COURT BY

JUSTICE KELLER

Plaintiff, Ellington, filed a complaint and petition for declaration of rights against Defendant, Becraft, and other parties in Bath County regarding a passway known as Smokey Hollow Road. Ellington asked that this road be recognized as a county road, public passway, or easement. The case was tried before the Court, without a jury, and the Court entered judgment against the Defendant, finding that Smokey Hollow Road was a county road, a public passway, and that Ellington had acquired ah easement by prescription. The Court of Appeals reversed, holding that…