Weihl v. Wagner

PRESIDING JUSTICE RARICK

delivered the opinion of the court:

Defendant, Theodore Wagner, appeals from the judgment entered by the circuit court of Monroe County establishing an easement by prescription over his land.

In the spring of 1956, plaintiff, Roy H. Weihl, started farming as a tenant a 40-acre tract of land in Monroe County. In order to get to the land, Weihl used a field road which passed over a parcel of land also consisting of 40 acres directly north of the tract he was farming. This northern parcel of land was owned by the Hedenkamps. Weihl subsequently purchased the 40-acre tract he…