Gayton v. Lebedina

KINCAID, J. pro tem. *

This action was instituted by plaintiffs-respondents, hereinafter called “Gaytons,” against defendants-appellants, “Lebedinas,” to enjoin the obstruction of a driveway by a steel fence and gate, for a mandatory injunction requiring removal of such obstruction and for damages therefor. The complaint is in two causes of action; the first alleging a recorded easement, an& the second, an easement by prescription based on open, notorious and adverse usage of the driveway by plaintiffs and their predecessors for more than 12 years past and without any fence, gate or other…