Clark v. Anderson

As we. construe the petition to the ordinary in 'this case brought under the Code of 1933, §§ 83-112, 83-119, it *501was sought to have removed obstructions from an alleged private way. The ordinary denied the prayers of the petition. The superior court overruled a certiorari, and the plaintiff excepted.

The act of 1872 (Code of 1933, §§ 83-112, 83-119), giving the ordinary jurisdiction summarily to try obstructions to private ways, is confined to cases of private ways which arise by prescriptive right acquired by seven years possession or user. Therefore the question here is: Did the petitioner…