Schroeder v. Moeley

The trial court apparently reached the conclusion that plaintiff had an absolute easement over the defendant’s land to the public highway by the “east road” by reason of forty years’ user of the same. Yet such user was found to be, and it was conceded by plaintiff to have been from its beginning, based upon express permission to that effect given by the then owner of the servient estate, Robert Riches, to the then owner of the dominant estate, Schroeder.. Its continued use was upon continued permis*492sion, and while so used title by prescription or adverse user could never arise. The continued…