McBride v. McBride

HALL, Justice:

Plaintiffs brought suit to quiet title to a right of way over defendant’s tract of land and from a decree quieting title in plaintiffs, the defendants appeal.

The tract of land comprising the servient estate is utilized for agricultural purposes and it is not disputed that plaintiffs have a valid prescriptive right of way of many years standing over the said tract of land. It is also undisputed that gates have existed at both ends of the right of way since 1920 and that from time to time locks have been placed thereon, but they were removed when complaints were made. However, in…