Bray v. Hardy

We are here concerned with a claim of an easement by implied reservation. Plaintiff’s petition first pleaded that the easement arose by prescription; but, since only a sidewalk for foot traffic was involved, she was immediately confronted by section 564.3, Code of 1954, which provides that no right of footway shall be acquired by prescription or adverse possession. Thereupon she mended her hold, and by an amendment to her petition pleaded, in effect, that the easement arose by implication. The trial court so held, and we think its decree and judgment, which enjoined the defendants from…