Thornley Land & Livestock Co. v. Morgan Bros. Land & Livestock Co.

In this action the plaintiff alleged its individual ownership of a right of way, acquired by prescriptive use, over certain lands of defendant, and prayed for a decree judicially establishing its right and restraining defendant from interfering with the plaintiff’s use thereof. After a trial, the plaintiff had a decree as prayed for, from which the defendant has appealed. Insufficiency of the evidence to justify or support the finding by the court of a prescriptive right of way in favor of the plaintiff is the principal ground upon which the decree is assailed.

In several particulars, it is…