Timm v. Gilliland

The plaintiffs sued to enjoin the defendants from passing over their farmlands. The defendants cross-complained claiming an easement by prescription. The trial court granted the injunction, and the defendants appeal.

The appellants did not set out verbatim in their brief the findings of fact which they claimed to be erroneous, hence, the findings as made by the trial court must be accepted upon appeal as the established facts in the case. Rule on Appeal 43, 34A Wn. (2d) 47, as amended, effective January 2, 1953.

Appellants seek to escape the effect of the rule upon the theory that the portions…