Smith v. Mervis

This is an appeal from an order enjoining respondents Mervis and Young from maintaining a recently constructed barrier to certain property over which petitioner Smith claims a prescriptive easement. The disputed parcel runs parallel to what were formerly the Louisville and Nashville Railroad Company tracks and is part of the old right of way. It is a lane 30 feet wide and connects two parcels of Smith’s farm property. Smith, or his tenant, has used the strip since 1944 for ingress and egress to and from the second parcel. In 1973, Young and Mervis purchased the right of way from the railroad…