Cramer v. Jenkins

HYDE, Presiding Judge.

Action to determine title to an easement of right of way across land owned by defendant. Trial was by the court without a jury and judgment was that plaintiff had an easement 30 feet wide, north along the west line of defendant’s land to the south bank of a drainage ditch and thence in a northeasterly direction 2178 feet along the bank of the drainage ditch to the south line of plaintiff’s land. Defendant has appealed and claims the evidence does not show hostile use by plaintiff (actual, open, notorious, exclusive and continuous under a claim of right for the statutory…