Baker v. Maggard

MOREMEN, Justice.

This appeal is from a judgment establishing a public passway over land belonging to appellant, Wilson C. Baker.

On December 27, 1949, appellant filed suit to enjoin alleged unlawful trespass by the appellees, Cova Maggard. and Jimmie Maggard, across land belonging to him. Appellees, by answer, pleaded prescriptive right to use the passway in question. The circuit court denied the permanent injunction requested by appellant and adjudged that appellees, and the public generally, had a 16-foot public passway across land belonging to appellant.

The Jim Baker farm through which the…