Whitaker v. Yates

*531Opinion of the Court by

Judge Thomas

Affirming.

This equity action involves the right of appellant and plaintiff below, Beuben Whitaker, to an unobstructed •easement for a private passway over the land of appellee and defendant below, Samueil Yates, in Floyd county, and running from his land and residence thereon to a public road on the bank of Middle creek across defendant’s land along Cane branch to where it intersects the public road. Near the point of intersection defendant erected a gate across the passway, and this action was filed by plaintiff to compel him to remove it'and to prevent him…