Story v. Allen

Opinion of the Court by

Judge Thomas

Reversing.

By this equity action filed by appellants and plaintiffs below, A. L. Story and wife, against the appellee and defendant below, Thomas Allen, plaintiffs seek to establish a passway over and across a tract of land owned by defendant in Russell county, and to enjoin him from obstructing it and requiring him to remove obstructions he theretofore put therein. The petition alleged that the involved passway had been open and used and traveled under a claim of right by plaintiffs and their predecessors in title and by other members of the public for a…