Cleary

The controversy concerns an easement claimed by respondents Trimble to a 10-foot-wide dirt road 1,600 feet in length which meanders snakelike along the section line common to Sections 2 and 3, Township 1 South, Range 9 East, M. D. B. & M., extending southerly from an eastwest county road (Carter Road) and into respondents’ property in Sections 2 and 3 (S% of NW]4 of 2; S% of NEi/4 of 3). The trial court upheld the Trimbles’ claim finding that they had an easement (1) by prescription and (2) by map dedication.

Appellant Margie W. Cleary is the owner of the servient tenement. She owns 95 acres in Section 2 and 72 acres in Section 3. The Trimble lands, also in Sections 2 and 3, adjoin on the south. The road intersects the Cleary property. Substantial evidence, contrary to Mrs. Cleary’s contention on appeal, supports the finding of a prescriptive easement. No determination of the issue of easement by dedication is necessary.

The road has existed at least since 1887. George Mateseeh, a witness called by the Trimbles, testified that at that time and for 10 years thereafter he and his brother and sister had used the road as a means of reaching the Wheatland School located across the…