Reuter

This action was commenced for the purpose of enjoining defendant from passing across the land of plaintiffs. Defendant claims the right to cross the land upon two theories: First, that there is a public road tra versing the property, the road having been created by prescription or implied dedication; second, that defendant has himself acquired a prescriptive right to pass over the land if the road which is evident on the premises be not a public road. The trial court found against defendant upon each of these theories and rendered judgment for plaintiffs. Defendant appeals.

Appellant contends that the evidence does not support the findings of the trial court to the effect that there is no public road across the land of respondents and that appellant never acquired a prescriptive right to pass over it. The complaint was filed in October, 1920. The land of respondents was originally settled upon by one Doyle in 1905, it then having been a part of the public domain. Doyle never perfected his title to the property, having died soon after he settled upon it, apparently in the same year. The place appears to have had other occupants afterward during a part of the time and it was…