Hedges v. Stucker

Opinion of the Court by

Judge Richardson

Reversing.

This.appeal involves the right of appellant to use a passway, 10% rods long on the east line of his land, and on the west line of an adjoining portion of the land of appellee. Both appellant and appellee acquired title to their respective lands by deed from Ben Smith and wife. The deed of appellant is undated. It was recorded in the county clerk’s office in the county in which the land is situated, February 26, 1920. Appellee’s deed bears date March 1,1920. It was recorded March 3'-, 1923. At the time they acquired title, and for years prior…