Thornton v. McLeary

McGowen, J,,

delivered the opinion of the court.

Appellant, by a bill in equity, sought to establish his right to a way of necessity over and across the lands of appellee. The appellee, by his answer, denied that this right had ever existed; lout asserted that, had such right ever existed at the time appellant purchased this land, lie owned other land adjoining same, which abutted on the public road, and” which was accessible to, and used by him in reaching the public road; and as a matter of law, when appellant had his own right of way, appellee’s land no longer owed servitude as a servient…