Leimert v. McCann

The primary challenge on this appeal is to the trial judge’s factual finding of twenty years of adverse user and the concomitant conclusion of law that an easement by prescription had thus been established.

However, before reaching this issue, we must first deal with the claim of estoppel by record. The doctrine of estoppel by record prevents a party from litigating again what was actually litigated or might have been litigated in a former action. Closely related is the doctrine of res judicata. This latter doctrine has the effect of making a final adjudication conclusive in a subsequent…