Biebelle v. Norero

OPINION

STEPHENSON, Justice.

We are called upon to decide several procedural issues stemming from a suit brought by appellees (“plaintiffs”) in the District Court of Grant County to establish an easement over appellants’ (“defendants”) land. Defendants answered setting up affirmative defenses and counterclaimed on the theory that plaintiffs and various employees of Grant County conspired to trespass upon their property. Plaintiffs were allowed to amend their complaint, adding the theory of easement by prescription to the original theories of apparent easement or visible servitude and easement…