Mitchell v. Bowman

RobiNSON, Judge :

This is a suit by Mitchell to compel Bowman and Riddle to keep open a way which he claims to have acquired through their lands by prescription. The decree appealed from grants the relief for which Mitchell asked. It adjudges that he is entitled to a free and open way, unobstructed in any manner.

The lands over which the way is claimed were unenclosed woodlands when Mitchell began using the way, and so continued for many years during his use of it. Over these lands, by an old track that had originally been hacked out for the hauling of hoop-poles, Mitchell passed back and forth…