Humphreys

Plaintiff is the owner of about five acres of land upon which he resides, and is also the owner of one hundred and sixty acres separated from the residence parcel by intervening lands of the defendant, over which the plaintiff claims a right of way between his two parcels. The defendant having denied the plaintiff’s right and closed up the way, this action is brought to establish plaintiff’s right, and to recover damages, and for an injunction. The cause was tried *41 by the court without a jury, and the plaintiff had findings and judgment, and the defendant appeals from the judgment and an order denying a new trial.

The court found that plaintiff had been for thirteen years and more the owner of the parcel mentioned, and that defendant for a period of eight years had been the owner of said intervening land. The fourth finding is as follows:

Other findings describe the way by courses and distances, that plaintiff is the owner of it, the interruption of the use by defendant, that plaintiff has sustained damage in the sum of five dollars, and that the acts of defendant prevent the use of plaintiff’s larger tract.

The findings are attached upon the ground that they are not…