Mitchell v. Pratt

Opinion op the Court by

Judge Thomas

— Affirming.

This is a passway suit wherein appellant (plaintiff below) is seeking to establish his right to a passway over and across the land of the appellees (defendants below), the farm of appellant joining that of the appellees on the north.

Grounds for the claim to the easement right, as set up by plaintiff in his pleading as amended, are (1) that he has acquired the right by prescription growing out of the fact that he and his vendors have used the pass-way as a matter of right and adversely for a period of more than fifteen years, giving him a title by…