Nelms v. Steelhammer

Minor W. Millwee, Associate Justice.

This appeal is from a decree denying the petition of appellant, Joe Nelms, for a permanent injunction to restrain appellees from interfering with appellant’s use of a certain road which he claimed had become a public highway by prescription.

Appellees, James E. Grant and wife, purchased 400 acres ..in Stone County in December, 1949, which included lands joining appellant’s 40-acre tract on the north ai/d east as shown by the following sketch introduced by appellees :

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Appellant and his witnesses testified that the roadway shown on the sketch had…