Fleming v. Howard

The sole question presented in this case is the sufficiency of the evidence to sustain the finding that the plaintiff’s predecessors in interest acquired by prescription the private right of way involved.

The ease comes within the well-known rule that this court is bound by a decision of the lower court upon conflicting evidence. There was evidence to the effect that the road, or way, across the defendants’ land had been used in connection with, and for the benefit of, plaintiff’s land continuously and without interruption from the year 1871 down to 1902, immediately before the action was…