
    Nott vs. Tinley et al.
    
    Where a private way is claimed by prescription, the parties setting up .■such claim must bring themselves strictly within the requirements ■of the law. The mere privilege granted to neighbors during particular seasons of the year to use one’s own private plantation road, 'when there was no crop growing on the land, for their convenience ■and accommodation, it being plowed up and planted at the usual time every year, would not be such use as would ripen into a prescriptive right in such persons as were thus permitted to enjoy its use.
    
      (a.) To entitle the defendants in error to remove the obstructions complained of, it must be shown that this private way has been permanent, not over fifteen feet in width, kept open and in repair by the persons using it, and has been in their constant and uninterrupted use for seven years or more. In this case it was not thus shown. Code, §§721, 737.
    December 12, 1882.
   Crawford, Justice.  