Bassett v. Soelle

This is an action for trespass. The defendant sets up that he had acquired a right of way over the plaintiff’s land by adverse user for more than twenty years. In a special verdict the jury found (1) that the defendant had committed no trespass; (2) the question as to damages was not answered; (3) that the defendant or his predecessors in title used the roadway in question for twenty years or more prior to December 1, 1919; (4) that the owner had no knowledge of the use; ( 5) that the plaintiff did not purchase the land without notice of the defendant’s claim; (6) that *54an ordinarily prudent…