Chesson v. . Jordan

The exceptions entered and duly preserved by plaintiff present three questions for decision: They are: (1) Does the evidence establish a public way, to the unobstructed use of which defendants are entitled; (2) if not, is evidence of user by the public competent to establish defendants’ right to a private way; and (3) does the owner of the servient estate have the right to erect a gate across a private way over agricultural land?

Defendants allege in defense the ownership of a private way, acquired by prescription, from their western line across plaintiff’s land to the river. The evidence…