Foster v. Patton

McCLENDON, Chief Justice.

This suit was brought to establish a right of way easement over a tract of land in Brown county. Appellants (plain-tiffs below) were the owners of the dominant estate and their tenant, and appellee (defendant below), owned the servient estate. We shall refer to these estates respectively as the Hall tract and the Patton tract. Title to the easement was asserted through prescription. The trial was to a jury upon special issues, all answered favorably to appellants. Judgment non obs.tante veredicto was rendered in favor of appellee, upon the holding that the evidence…