Thomas v. Brooks

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming as to James Brooks, and reversing as to Fret Matthews and others.'

Beverly W. Thomas owns a tract of-land on the east side of Drake’s cre.ek in Warren county. At a point near an old mill is a roadway about forty yards in length leading from tbe Bowling Creen and Scottsville turnpike across tbe land of Thomas to Drake’s créek.. Claiming that the- passway was an easement appurtenant to each of their. tracts of land,- and that they and their grantors had used the passway under a claim of right for more than fifty years for .the…