Brookshire v. Harp

Opinion of the Court by

Judge Thomas —

Reversing.

This suit involves the right of appellants and plaintiffs below, F. M. Brookshire and wife, to the use of a .passway across the farm of appellees and defendants below, Ben ITarp and wife. Both farms of plaintiffs and defendants are situated in Spencer county. The land owned by plaintiffs, and to which the passway is alleged to be appurtenant, contains sixty-five acres, while that owned by defendants contains one hundred and fifty-four acres. Between the latter and the Bloomfield and Taylorsville pike there is a narrow strip of land belonging to…