Barnett v. Toole

Opinion ok the Court by

Stanley, Commissioner

Affirming.

The petition of the appellant, C. C. Barnett, to enjoin the appellee, Ed Toole, from obstructing a passway was dismissed.

The easement is claimed by prescription. Thirty years or so ago on a parcel of about 13 acres, Pierce Massey bnilt a house about 40 feet from the Bell-Mills county road in Pulaski county and at an elevation of' some 12 feet above the road. A hundred feet or more back of the house, and 18 or 20 feet higher, he built a. barn. The division line between his and Gregory’s land was within a few feet of these buildings. Massey…