Ferrell v. Ferrell

This is an action brought for alleged trespass on the land of plaintiffs, the object being to contest a right of way claimed by defendant, to pass by a certain road within and upon the land of plaintiffs, which the defendant, in his plea, says he and his servants had the right to use for passing and repassing over the plaintiffs’ close, for a time whereof the memory of man runneth not to the contrary; said way is claimed as the means of passing from the *331land of defendant to tlie highway near by. The supposed trespass is justified under the claim of a right of way in a plea drawn with great…