Wallace v. Whitmore

The plaintiffs have appealed from a judgment quieting title in the defendant and cross-complainant, Ruth S. Whitmore, to an easement of a private roadway across a portion of the property of plaintiffs, acquired by adverse use thereof.

The appellants assert that the findings and judgment are not supported by the evidence for the reason that it was not affirmatively shown that the use of the roadway was not merely permissive as a neighborly accommodation; that the evidence fails to show a reasonably definite course of travel over the roadway and that the appellant had no actual notice of the…