Rensselaer Semi-Weekly Republican, Volume 19, Number 37, Rensselaer, Jasper County, 11 January 1898 — In The Supreme Court [ARTICLE]

In The Supreme Court

A Jasper County Case DecidedTlie Supreme Court has just handed down its decision in the* case of Osiander K. Ritchey et al vs. Mary E. Welsh. The parties are brother and sister, children of the late Dr. Sam Ritchey. While the old doctor was alive lie had a private road across a portion of his land, which opened on the public highway with a gate. When his land was divided up Mrs. Welsh, who is the wife of James Welsh, received the tract of land which was reached by the private road, while O. K. Ritchey got the tract across which the private road ran. Mrs. Welsh used the private road for a couple of years, and then, a family ruction having occurred, 0. K. fastened up the gate to the private road, and left the Welshs to get to their land by the air ship route, and threatened suit for trespass if they used the private road through his land. Mrs. Welsh sued for her right to the private road, and Judge Wiley decided in her favor. Osiander appealed to the Supreme Court, and that body has finally decided the case in Mrs. Welsh’sfavor. The official abstract of the court’s decision in the case is as follows:. Partition-Way of Necessity-Change. 18,157. Osiander K. Ritchey et al vs. Mary E. Welsh, Jasper C. C. Affirmed. Monks, J. (1) A party to whom land is set off by partition proceedings so, located that access to it from a public highway can only be had over the share set off to another tenant in the sime proceedings, is entitled to a way of necessity over such other share. (2) After the location of such ways of necessity by agreej ment of parties, and its use by the person entitled thereto with the consent of the other, neither party can change it without the consent' of the other. (3) The owner of the servient estate can not compel the owner of the right to a way of n 'cessity to accept a private road leading out in another direction across lands not embraced in the tract partitioned.