Persons v. Russell

MOORE, Justice.

This is a suit to establish an implied easement. Plaintiff-appellee, Mrs. W. A. Russell, brought suit against defendants-appellants, Melbourn Persons and Anna Mylin, to establish an implied easement for a roadway across a 50-acre tract of land owned by the defendants as a means of ingress and egress to a 20-acre tract owned by plaintiffs. Defendants answered with a general denial and affirmatively plead that the cause of action was barred by limitations. Trial was before a jury. After both parties had presented their evidence, plaintiff moved for an instructed verdict or in the…