King v. Powell

I agree that this case should be affirmed on direct appeal for the reasons set forth in the majority opinion. I also agree that the case should be reversed on cross-appeal, but I disagree that such reversal should be based, as the majority opinion holds, on the failure of the cross-appellee (King) to move for a directed verdict at the close of all the evidence on the issue of his entitlement to a prescriptive easement across Powell’s land. King, who was the defendant/counter-claimant below, raised the prescriptive-easement issue in a counterclaim against Powell. As the counter-claimant and…