Friend v. Holcombe

This cause is presented on appeal from the district court of Osage county. The action was instituted on April 9, 1943, by Thad Holcombe, as plaintiff, against W. F. Friend, Sr., and W. F. Friend, Jr., to obtain an injunction to prevent the defendants from interfering with plaintiff’s use of a roadway across the land of the defendants. Defendants' answer was a general denial.

On August 3, 1943, the cause was tried to the court without the aid of a jury. At the conclusion of the action the court rendered judgment for the plaintiff, holding that the roadway which plaintiff sought to use had been…