Potts v. Burnette

CARLTON, Justice.

I

This case arose out of the long-continued use by plaintiffs of a roadway over defendants’ property to get to and from plaintiffs’ land. Plaintiffs brought this action to establish their right to use defendants’ roadway by virtue of an easement by prescription and to enjoin defendants from interfering with plaintiffs’ use of the road.

In their complaint plaintiffs alleged that they and their predecessors in title had openly and continuously used a road leading from the lands of plaintiffs across the lands of defendants to State Road No. 1149 and that the use of the road by…