Thompson v. Schuh

Plaintiffs (Thompson) appeal from a decree by the trial court declaring that they have no rights to use a roadway located on defendants’ (Schuh) land. This is a suit in equity with two counts, the first seeking a declaration that plaintiffs acquired by prescription an easement in common with defendants for ingress and egress to their Columbia County property. The second count, also seeking a declaration that plaintiffs be allowed to use the road, alleges an easement by implication and/or necessity.

In this case for declaratory relief held before the trial judge without a jury, we try the facts…