Harp v. Brookshire

Opinion ok the Court by

Judge Clay

Reversing.

Alleging that they owned a 65-acre tract of land in Spencer county, and that across the lands of Ben Harp and wife there was a well-defined pas sway which was appurtenant to the 65-acre tract, and which they and their vendors had used openly, continuously and as a matter of right for more than thirty years, F. M. Brookshire and Elizabeth Brookshire, his wife, sued the Harps on May 17, 1917, to enjoin the obstruction of the passway and asked for a judgment awarding them the use of the pass-way. A temporary injunction was granted, but on June 16, 1917,…