Small v. Binford

Plaintiffs, appellees herein, brought suit against defendants, averring that the latter claim and exercise a right to enter upon and pass over their forty-seven and forty-eight-hundredths-acre tract of land, and in so doing have torn down gates and fences, and are threatening to continue the exercise of such alleged right. They pray that the defendants be enjoined from so doing. Defendants filed a cross-complaint, alleging that there is a way over plaintiffs’ land, established by forty-three-years’ user, and praying that their right to use the same may be set at rest, and that the plaintiffs…