Chitwood v. Whitlow

Clay, Commissioner

Affirming.

This suit was brought to quiet title to a passway and to enjoin appellant from obstructing it. Appellee was granted the relief prayed.

In 1947 appellee purchased a part of what is known as the Carter farm in Allen County. Appellant’s land, which he has owned for a number of years, adjoins this tract. There is ample proof that for the past 30 or 40 years the owners of the land purchased by appellee and members of the public have used a roadway passing through appellant’s property. This roadway leads to what is known as the Colston Eoad, which joins a .main highway at…