Nay

Plaintiff 'appeals from a judgment in favor of defendants in an action to establish a right of way, to restrain defendants from interfering therewith and to recover damages for prior interference. In 1894 the adjoining ranch properties of plaintiff and defendants were owned by Calvin H. Holmes and held by him as a single tract of land. In September of that year he divided this tract by conveying to his son-in-law, Charles H. Foote, the southerly portion thereof, which is now owned by defendants and is hereinafter referred to as the “Bernard property,” retaining title at that time in himself to the northerly portion of the tract, which is now owned by plaintiff and is herein referred to as the “Nay property. ’ ’ The plaintiff acquired title to the Nay property in 1906 by mesne conveyances from Calvin H. Holmes. The title to the Bernard property was conveyed by Charles H. Foote to the defendant John Bernard by deed dated March 12, 1913. The deed of the Bernard property from Holmes to Foote contained the following habendum clause:

A road from the Nay property across the Bernard property to the county road had existed for a number of years prior to the division of the tract by the…