Burk v. Tyrrell

Almand, Justice.

T. A. Swanson, Ruben C. Burk, and Laura Burk brought an equitable petition against Fred G. and Bernice Marie Tyrrell, seeking to enjoin them from interfering with the petitioners’ use of a private way over the lands of the defendants, which was the sole way of ingress and egress by the plaintiffs from their land to a named public road. They asserted a right to use the private way by reason of prescriptive use, and because they had purchased their tract from T. A. Swanson, predecessor in title to the defendants’ tract, who had executed a deed to them in 1950 to a tract they had…