Moore v. Sparks

Opinion by

Judge Lindsay:

Appellee states in his petition that he and his grantors have held and used the passway in controversy, and the land covered by it, adversely to the pretended title of the appellants, for nearly forty years last past before the commencement of this action, and under a claim of title in fee, exclusive of any other right. He does not pretend in his testimony that his grantors sold and conveyed to him, in express terms, a right to pass over this land. If he acquired the right to a passway under his purchase, he took it as an appurtenance to the lands purchased.…