Costello v. Sharp

This is an action to quiet title to a right of way. The plaintiff and the defendant are the owners of adjoining ranches. The plaintiff’s ranch is known and referred to in the testimony as the “Marion ranch,” one Joe Marion being the plaintiff’s grantor or immediate predecessor in interest. The defendant’s ranch is known and likewise referred to as the “Benton ranch,” one Colonel Benton having, a trifle over four years prior to the trial of this action, conveyed the same to the defendant.

The plaintiff claims an easement in a certain portion of the land of the defendant in the nature of a right…