King v. Fronk

HENRIOD, Chief Justice.

Appeal from an action tried to the court in which plaintiffs sought title, by way of boundary by acquiescence, to a S' 7" strip of land. The trial court concluded that the proof did not justify such claim, but that an easement had been established from the street line extending one-half the distance of the disputed area. Reversed, with no costs awarded.

Neither side pleaded or attempted to prove an easement. It was all or nothing for both. We agree not only that an ease*137ment should not have been awarded under such circumstances, but that the evidence did not show any…