Potter v. Potter

The sole question for decision is whether or not the court erred in granting defendant’s motion for nonsuit.

Plaintiffs allege -ownership of a private easement of cartway appurtenant to their land over the land of defendant to the public highway by reason of implied grant -and prescription. They seek to enjoin defendant from obstructing the cartway.

We assume that plaintiffs do not rely -on adverse user for twenty years under claim of right as a basis fot relief since there is no discussion, argument or citation of authorities with, respect to prescription in their brief. They rely -solely upon…