Fassold v. Schamburg

— Action to enjoin interference with the use of a private way over defendants’ land. Plaintiffs claim a prescriptive right to the way. On judgment for plaintiffs, the defendants appealed.

The lands are in Perry County. Plaintiffs’ land is designated as Tract I and Tract II. Charles' Hacker and defendants own land between plaintiffs’ tracts of land. The way is over the lands of Hacker and defendants. It connects the tracts of land owned by plaintiffs. The evidence conclusively shows that for more than fifty years the lands of Hacker and defendants have been subject to the servitude of a private…