Sewall v. Gibbon

The complaint in brief alleges that plaintiffs are the owners of an easement by prescriptive right on lands wherein defendant holds the dominant tenement; and that the defendant is obstructing the use by plaintiffs of the easement and threatening to continue such obstruction. Injunctive relief is asked. The defendant in his answer denies among other things the existence of such easement and any right of plaintiffs to a right of way over his property.

The appeal is from an order denying plaintiffs’ motion under rule 109 of the Rules of Civil Practice to strike out a defense in the answer simply…