Simpson v. Fowles

This is a suit to enjoin defendants from interfering with plaintiffs’ use of an easement over defendants’ land. Defendants seek a decree quieting title in them by extinguishing the easement. The trial court found that the easement had been extinguished by adverse use. Plaintiffs appeal.

Plaintiffs own the dominant estate consisting of a 20-acre tract of land which adjoins defendants’ land on the north. Plaintiffs’ predecessor in interest acquired an easement of way along the northerly line of the servient estate to be used for the purpose of ingress and egress to the 20-acre parcel. The…