Sylva v. Kuck

In this suit to quiet title to an easement in plaintiffs Sylva for the use of a road crossing defendants Ruck’s lands 1 the Sylvas were successful in the trial court. On appeal the Kucks contend the evidence does not support the judgment establishing the easement. They contend further that even assuming the evidence was sufficient to show the existence of the easement that portion of the judgment which prohibits the maintenance of gates by them was beyond either the issues or supporting evidence and should be stricken from the decree. We hold that the evidence was sufficient to sustain the…