Nay v. Bernard

Plaintiff 'appeals from a judgment in favor of defendants in an action to establish a right of way, to restrain defendants from interfering therewith and to recover damages for prior interference. In 1894 the adjoining ranch properties of plaintiff and defendants were owned by Calvin H. Holmes and held by him as a single tract of land. In September of that year he divided this tract by conveying to his son-in-law, Charles H. Foote, the southerly portion thereof, which is now owned by defendants and is hereinafter referred to as the “Bernard property,” retaining title at that time in himself…