Hopper

Thomas Hopper is the father, and F. Roberts is the husband of Mary E. Roberts, and William Roberts, Edward Roberts, and Hubert Roberts are the minor children of F. Roberts and Mary E. Roberts.

This action was brought to recover damages alleged to have been suffered by plaintiffs in consequence of an obstruction by defendant of their alleged private right of way over the land of the defendant, and to enjoin the defendant perpetually from obstructing such way. The court found that plaintiffs had the alleged right of way and that defendant had obstructed it, and awarded the perpetual injunction prayed for, but no damages.

The defendant has appealed from the judgment and from an order denying his motion for a new trial.

It is alleged by plaintiffs in their complaint that they own the right of way, and that they have had and enjoyed the continuous, peaceable, uninterrupted, open, notorious, undisputed, adverse use and occupation thereof during the term of twentj7 years immediately prior to February 15, 1893, when defendant obstructed their use thereof by building a stone wall across their entrance thereto; and further allege that said way is appurtenant to the land which adjoins the…