Herndon v. McKinley

HOWERTON, Judge.

Herndon initiated this action to enjoin McKinley from crossing his land, destroying his gates, and interfering with his farming operation. McKinley filed a counterclaim asserting a right-of-way by deed over Hern-don’s farm, and he claimed that the gates, chains, and locks interfered with his use of the passway. The Spencer Circuit Court entered a summary judgment dismissing Herndon’s petition and enjoining him from erecting more than two gates on the pass-way, one at the property line between the parties, and one at the junction of the pass-way with highway 55.

Herndon argues…