Persinger v. Mitchell

The opinion of the court was delivered by

Smith, J.:

This was an action to, enjoin the defendant from using a roadway across a corner of plaintiffs’ real estate. Judgment was for the plaintiffs. Defendant has appealed.

The petition alleged the plaintiffs had been the owners of a described tract of real estate for four years; that defendant was the owner and lived on a tract immediately south of plaintiffs’ land; that during the past two years and for some time prior thereto defendant without the consent of plaintiffs committed a trespass on a strip of land across the southeast corner of…