HAMILTON, Circuit Judge.
This action was originally instituted by appellee, E. L. Saulsberry, against appellant, W. F. Saulsberry, and J. P. Saulsberry and his wife, Nell Saulsberry, to establish appellee's right to a way across the lands of appellant and his co-defendants, which they owned in fee, as co-tenants. The court granted the prayer of appellee's petition, from which judgment W. F. Saulsberry alone appeals.
The facts are not in dispute and are substantially...
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