Pierce v. Austin

WASSERSTROM, Presiding Judge.

The parties own neighboring properties, and defendants’ driveway encroaches on the land to which plaintiffs own record title. Plaintiffs sued to quiet title, to which defendants counterclaimed in two counts. Count I of the counterclaim sought to establish a prescriptive easement in the driveway encroachment by reason of adverse use for more than ten years; while Count II sought to establish adverse possession to that encroachment. Each count of the counterclaim was tried at different times in two different courts and to two different juries, but both trials…