Grimmesey v. Kirtlan

CAMPBELL, J., pro tem.

This is an action to establish a right of way over certain property described in the complaint belonging to defendants. The cause is pleaded in three counts. The first sets up a right of way acquired by grant, pursuant to section 1104 of the Civil Code; the second, a right of way by prescription arising from adverse use for more than five years, and the third is a quiet title count to the easement claimed.

The complaint alleges that the defendants owned a parcel of land comprising approximately 41 acres situated in the northwest corner of the intersection of Ruddock…