Stephens v. Hamblin

Opinion op the Court by

Judge Thomas

Affirming.

The appellant and plaintiff below, J. H. Stephens, by this action filed in the Whitley 'circuit court against the appellee and defendant below, E. Hamblin, seeks an adjudication of his right to a private passway running from the plaintiff’s farm across that of defendant to the Laurel road, a distance of about 250 feet, and to enjoin defendant from closing or in any wise obstructing it. The right to the relief as claimed in the petition is that plaintiff is entitled to the passway as one of necessity, and that he and his predecessors in title have…