Bales v. Rafferty

Opinion of the Court by

Judge Hannah

— Affirming.

T. D. Bales and T. S. Rafferty own adjoining farms in Green County, the latter’s farm lying between Bales’ and one of the county roads in that vicinity.

Bales sued Rafferty in the Green Circuit Court to enjoin him from obstructing a passway claimed by plaintiff over Rafferty’s lands. Upon submission and trial of the *512cause, the chancellor dismissed the petition, and plaintiff appeals.

No formal grant or dedication of the alleged passway was alleged or proved. Plaintiff rests his right thereto on prescription.

It appears from the evidence that the…