Marrs v. Ratliff

Opinion op the Court by

Judge Perry

Reversing.

This appeal presents for our review and determination the question of whether or not an easement of public passway has been acquired by prescription by appellees over an eight acre tract owned by appellant.

This suit was brought by appellant, seeking. to enjoin appellees from trespassing upon this tract of her land, by their use of it as a public passway, and asking an injunction, restraining the defendants (here appellees) from further trespassing upon her land and removing its fences.

Appellant alleged in her petition that such use of the passway,…