Brooks v. Wheeler

Jaycox, J.:

The plaintiffs seek to remove certain buildings of the defendant from a lane or driveway over which the plaintiffs claim an easement. The plaintiffs’ claim is not based upon prescription but upon grant only. The photographs introduced in evidence show a lane or driveway with a fence on each side and the defendant’s buildings occupying a large part of the width of the driveway.

The first instrument in the plaintiffs’ chain of title is a deed dated the 19th day of April, 1836, made by Isaac Reynolds and wife to Samuel Deuel, which conveys a farm containing 258 acres and twenty-seven…