Savage v. Nielsen

PRATT, Justice.

This is an appeal from a judgment in the lower court in favor of the defendant wherein an easement'over plaintiff’s property was quieted in the defendant. The cause was tried to the court without a jury. The defendant Smith, filed a disclaimer of any interest in the matter.

The defendant’s answer sets up four contentions: (1) acquisition of the easement by prescription; (2) that Albert Savage and his wife, when they conveyed to Emmett Savage conveyed or gave to Emmett Savage the right of way which is in dispute; (3) that there is a public road in use for more than sixty years…