McKinney v. Duncan

This hill was brought by complainant, McKinney, asserting the right to use and enjoy a right of way and road over a tract of land belonging to the defendants Duncan and Sliipe, and to enjoin them from obstructing it. The chancellor sustained the bill and granted the relief prayed, and on appeal the decree pronounced by him was affirmed by the court of civil appeals. The *268defendants have brought the cause to this court by cer-tiorari and assigned errors.

Complainant claims the right to use the road in question upon two distinct grounds: Prescription, arising from continuous user for more than…