Wilkes

This is an equitable action instituted by the plaintiffs seeking to enjoin the defendants from interfering with the plaintiffs’ use and maintenance of a certain road over and across certain lands belonging to the defendant Howard Brady. The plaintiffs’ right to the use of said road is based upon an alleged executed parol grant in the year 1918, when the then owner, Thomas Brady, in consideration of the exchange of certain grazing privileges on lands belonging to the plaintiffs, granted to the plaintiffs a right of way across the lands of the said Thomas Brady, leading from a certain public road to the lands belonging to the plaintiffs.

The complaint sets forth the ownership of the roadway belonging to the plaintiffs, the interference of the defend ants therewith, and concludes with a prayer that the defendants be enjoined and restrained from in any manner further interfering with either the use or repair of said road.

The record shows that the plaintiffs and defendants were and are the owners of contiguous lands in Sutter County; the plaintiffs and the Field and Tule Gun Club having clubhouses on the lands reached by the right of way herein referred to. In 1918 the plaintiffs…