Watkins v. Smith

CARLTON, Judge.

It is difficult, from the record before us, to determine under which principle of law plaintiffs claim right of ingress and egress over the property of defendants. In their complaint, plaintiffs allege that the roadway in question is a “neighborhood public road” and that it has been used by plaintiffs and their predecessors in title for more than 20 years “and the said use of the road has been hostile, adverse and of right so recognized by the defendants and their predecessors in title.” In their brief, plaintiffs argue that they are entitled to use defendants’ land because…