Barnes

Action to restrain defendant from entering upon or traveling over a certain strip of land claimed to be owned by plaintiffs and over which they claim to have constructed a private way to their dwelling-houses. The cause was tried by'the court, sitting without a jury, and defendant had the judgment.

Plaintiffs appeal from the judgment and from the order denying their motion for a new trial.

The important issues in the case are disposed of in the following findings of the court, which appellants insist are not supported by the evidence, to wit:

There were many witnesses at the trial and a large amount of testimony taken to show the use made of the way in ques tion and the character and duration of that use. There is but little dispute about the facts, the controversy being as to the application of the law to the facts.

There was much evidence tending to establish the following: A highway between Petaluma and Santa Rosa, running north and south, was dedicated and has been used as such for some forty-odd years; it bounded the lands of plaintiffs on the west; along the dividing line between their lands and beginning at this Santa Rosa and Petaluma highway the strip of land referred…