Kirn v. Oehlert

DOWD, Presiding Judge.

The Oehlerts, defendants below, appeal the court’s finding of a prescriptive easement in favor of the plaintiffs. We affirm.

The present ownership of these respective tracts of property occurred as follows. In 1890, two brothers, Valentine and Ferdinand Hoehn inherited approximately 127 acres from their father. Valentine took possession of 70 acres and the family home. Ferdinand took the rest of the acreage upon which he built a home next to the roadway that crossed the two pieces of property. The roadway had been used continuously for seventy-eight years. In 1939,…