White v. . Spencer

The defendant's counsel is correct in the position that, to render the possession and enjoyment of an easement upon the land of another person, for twenty years or more, a bar to an action by the owner of the land, such possession must appear to have been adverse to the rights of such owner; for if it were by license, and without claim of right, no length of enjoyment would prejudice the title of the proprietor. The idea of adverse possession being therefore part of the legal definition of this species of title, it follows that a party, in pleading such a title, must allege in terms a state…