Childers. v. Burger

Opinion of the Court by

Commissioner Hobson—■

Affirming.

R. D. Childers owns a tract of 40 acres of land on Red river. J. E. Burger owns a tract of 150 acres of land lying between Childers’ tract and the public highway. As far back as any of the witnesses can remember there was a road or passway across the Burger tract by which persons went to and from the Childers’ tract out to the public road. There was a gate at the public road; also drawbars at Childers’, line. J. E. Burger bought his place in 1910. When he was about to buy it he went to see Claud Sams, who then owned the Childers’ place and…