Heenan

This is an appeal by plaintiffs from a judgment rendered by the court without, a jury in favor of defendant. The controversy arises over a purported easement, or right of way, claimed by plaintiffs, over the land of the defendant.

The only question to be decided in the case is: Have the plaintiffs acquired an easement across the land of defendant for a road by prescription? It is the claim of appellants' that the findings of the trial court are against the evidence.

The facts may be summarized as follows: On the eleventh day of February, 1919, plaintiffs filed in the superior court of the state of California, in and for the county of Yuba, their complaint, from which we quote the essential paragraphs 1 and 2, as follows:

It will thus be observed that the action involves section 23, township 15 north, range 4 east, M. D. M), Yuba County, California. It may be explained that the defendant had been for about five years the owner of the northeast quarter of the section and that in October, 1918, he purchased the southeast quarter of the section. The road in question commences at the east line of the section, is six teen feet in width, its north boundary being the line dividing the…