Dozier v. Krmpotich

Peterson, Justice.

Plaintiffs appeal from the judgment in an action to determine adverse claims adjudging defendant to have an easement of way by prescription across their land.

The legal questions to be decided are:(1) Whether acquiescence of the owner in the use of an easement of way across his land without more shows that the use, claimed to be adverse, was in fact permissive;(2) Whether a grant of an easement of way during the prescriptive period (that is, before the statute of limitations has run) by the owner of land to one claiming such easement of way by prescription interrupts the…