Funk v. Whitaker

Judge Latimer

Affirming.

*205Appellee, Roy Whitaker, filed this action January 14, 1947, to enjoin appellant, Charley Funk, from using a disputed road or passway across appellee’s land. Appellant, by answer, denied the allegations of the petition and plead affirmatively that the disputed road is a public road and had been used as such for more than sixty years prior to the institution of this action. Appellant also alleged, in substance, that the road was necessary as a means of access to and from his farm. The Chancellor gave judgment as prayed by appellee, from which this appeal is taken.

Appellant…