Lyons

This suit was brought for the purpose of quieting title to an alleged right of way across the property of the defendants. The complaint also contained a prayer for an injunction against the blockading of this right of way and for a judgment of $1,000 damages.

The cause was tried by the court sitting without a jury and judgment was rendered against plaintiff and in favor of defendants. The court found that the property described and alleged to have been owned by defendants was the property of Maude Perry Schwartz. The findings conclude that plaintiff is not the owner of a right of way or easement across the land of defendants, and that the plaintiff’s use of the land was by permission only.

It is contended by appellant that the findings and judgment are not supported by the evidence. A right of way across respondents’ property is claimed by appellant to exist under either one of two theories. The first theory is that the strip of land constitutes a public road and has existed as such since the year 1900. Appellant then takes the posi tion that even though this may not be deemed to be a public road, that nevertheless he has procured a prescriptive right to the use of the…