Wilkins v. Nieberger

Opinion op the Court by

Judge Latimer

Affirming.

We have before us a controversy concerning a pass-way.

The Willdns acquired title to the farm over which the involved passway leads on December 31, 1943, just five months before bringing this action to enjoin the appellees, Niebergers, from using the passway. The Wilkins ’ immediate grantors purchased the farm from Alice S. Hallara on January 17, 1929. In their petition the Wilkins stated that the defendants, Nieberger and wife, without right or authority by law, but against the rights of the plaintiffs, have gone upon plaintiffs’ property…