Casey v. Hensley

Opinion op the Court by

Stanley, Commissioner

—Affirming.

The appellee, W. E. Hensley, has been adjudged to have a passway by prescription over land of the appellant, Mrs. Mary E. Casey, and she has been enjoined from interfering with its nse. A reversal of the judgment is sought upon the ground that the evidence was not sufficient to show that the continued use of the roadway was under a claim of right with notice thereof to the owner of the servient estate and to show that it was not a permissive use.

The evidence goes back to 1895, or 36 years before an attempt was made by the defendant to bar…