Mumrow v. Riddle

Defendants appeal from an order permanently enjoining them from trespass ing on plaintiffs’ property. Defendants claim an easement by prescription.

Defendants’ gravel driveway crosses a corner of plaintiffs’ lot. All of the disputed portion, it appears, lies within the unpaved right of way of a two-lane highway which passes in front of both homes. There is no suggestion that any portion of the driveway covers any part of the plaintiffs’ property which is not also included in the highway right of way. The driveway was constructed by 1952 at least, when defendants moved into their house, which…