Day v. Grisham

CLEMENS, Presiding Judge.

Plaintiffs’ Count I sought a declaration of easement by prescription over a strip of defendants’ land; alternatively, Count II sought the same by implication and Count III sought title by adverse possession. Plaintiffs were granted a prescriptive easement on Count I and defendants have appealed.

The disputed area is a 20-foot strip 800-feet long, extending from plaintiffs’ landlocked tract across defendants’ farm to a county road. In 1895 a larger tract was divided by conveyance into two separate tracts, and each subsequent owner of plaintiffs’ present tract has used…