Shia v. Pendergrass

Fishbtjrne, Justice.

The complaint states a cause of action for injunctive relief against the respondent, from entering upon, trespassing on. and interfering with the appellant in the use and possession of a certain strip of land constituting part of a lot owned by her in the City of Florence.

The respondent by answer sets up two defenses: (1) That the strip of land in question constitutes an alleyway dedicated to the use of the public and to the City of Florence by the former owner, Mrs. C. M. Berry; (2) That the respondent has a right of way over the said driveway which is appurtenant to his…