Jensen v. Brown

OAKS, Justice:

This is an appeal from a judgment granting plaintiff a prescriptive easement across defendants’ property and enjoining defendants from interfering with his use of it. The issues on appeal are (1) whether the evidence clearly preponderates against the trial court’s finding of a prescriptive easement; (2) whether the trial court was deprived of jurisdiction by an irregularity in the temporary restraining order; and (3) whether the decree was contrary to equitable principles on the facts of this case.

Plaintiff and defendants are owners of adjoining pieces of property on Block 2 of…