Kieffer v. Fox

“When it is shown that there has been the use of an easement for twenty years, unexplained, it will be presumed to have been under a claim of right and adverse, and will be sufficient to establish a right by prescription, and to authorize the presumption of a grant, unless contradicted or explained.” Carmody v. Mulrooney, 87 Wis. 552, 554, 58 N. W. 1109. Whether or not there was such an adverse user presents a question for the jury in a jury case, and one for the court when the cause is tried before the court. The case at bar was tried before the court, and the court’s finding of adverse user…