D.A. MACPHERSON, Jr., District Judge.
This is a suit to establish an easement by prescription, and both sides admit usage over ten years to have been open, notorious, uninterrupted and peaceable. The determinative issue is whether or not the use was permissive.
By document executed July 16, 1918, the predecessors of plaintiff Batts and defendant Greer, being T.W. Hanna and Nathan Salmon, respectively, executed an agreement in which they purported to establish...
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