Northwestern & Pacific Hypotheekbank v. Hobson

Respondent sought by this action to establish a right of way for a road, across appellant’s land, and to a bridge, partly on appellant’s land, and to restrain and enjoin appellant from interfering with respondent’s use thereof.

The court in effect found that respondent and its predecessor in interest were in open, notorious, continuous, adverse, and uninterrupted use of the said right of way from 1928 to 1936, a length of time exceeding the 5 year period prescribed by secs. 5-203 and 5-205, I. C. A.; that the right of way became an appurtenance to the land of respondent; that a prescriptive…