Nutter v. Kerby

Hatoher, Judge:

This is a suit to establish an easement. Plaintiff’s bill alleges that in Lee District of Calhoun County, he owns and resides upon a tract of 64 acres, off the main highway; that defendant owns an adjoining tract of 29 acres on the highway; that for ingress and egress between plaintiff’s tract and the highway, persons “are required to pass over the land of defendant”; that leading from plaintiff’s land over defendant’s to the highway “is a well defined (private) roadway”, which for fifty years has been used by persons and vehicles as a pass-way between plaintiff’s land and the…