Durand v. Leigh

*630Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: The finding by the trial court that the use of the lane across the plaintiff’s property by the defendants was adverse was not supported by the evidence. The evidence established that the user had originated in permission given by the plaintiff’s predecessor in title to the defendants’ predecessor in title. “If permissive in its inception, such permissive character will continue of the same nature, and no adverse user can arise until there is a distinct and positive assertion of a right…