Fankboner v. Corder

This was a suit by the appellee against the appellant to restrain him from erecting a gate across the entrance to a private way, the right of which she claimed had been acquired by prescription.

The court, by request of appellant, made a special finding of the facts and stated its conclusions of law thereon. Ap*165pellant excepted to the conclusions of law and assigns error thereon.

Appellant also assigns as error the overruling of his motion for a new trial. The motion for a new trial was based solely upon the insufficiency of the evidence to sustain the finding. We have read the evidence…