Carter v. Shrout

Opinion of the Court by

Judge Settle

Affirming.

Appellants sought in this action to enjoin appellees from using a passway through their farm. Appellees ’ answer asserted a right in them to the use of the passway as a public way, alleging a continuous uninterrupted use thereof by themselves, their vendors and the public generally, adversely to appellants, their vendors and all others, for more than fifteen years; indeed, for about seventy-five years, next before the institution of the action. The controlling issue, therefore, was whether the user was merely permissive, as claimed by appellants,…