Ricioli

The plaintiff had judgment and the defendants appeal.

The complaint alleges: “That for more than forty years last past continuously, the predecessors in interest of plaintiff and this plaintiff have been and are now the owners and entitled to the possession of an easement which is annexed and appurtenant to the lands of plaintiff of a road leading from the said lands of plaintiff across the lands of defendants and that the lands of the said defendants are subservient to the said way and easement, . . . [here follows a description of the road by courses and distances] and for more than forty years last past the said way and easement has been open, laid out, and used by the plaintiff and his predecessors in interest continuously and under a claim of right and with right openly, notoriously, uninterruptedly, and adversely to the said defendants and their predecessors in interest and each and every of them.” The answer denies the foregoing averments of the complaint and alleges that the road is a private road maintained by the defendants “for their special and particular use and not otherwise,” and that plaintiff and his predecessors in interest, upon payment of an annual fee of ten…