West v. West

LAWSON, Justice.

Homer West filed this bill seeking injunctive relief against respondents’ obstruction of a certain road leading from his property across the lands of respondents to a public road. Complainant also sought the road established by the court.

Complainant’s case was rested solely on his claim that he and his predecessors in title have been in the continuous adverse use of the road for a sufficient length of time to create a private easement by prescription.

Respondents filed a sworn answer denying the allegations of the bill as to complainant’s claim of a private easement by…