ALLINGHAM v. NELSON

No. 52,193

6 Kan. App. 2d 294 (1981)

627 P.2d 1179

L.K. ALLINGHAM and DOROTHY ALLINGHAM, Plaintiffs-Appellees, v. DALLAS L. NELSON and EVELYN NELSON, Defendants-Appellants.

Court of Appeals of Kansas.

Opinion filed May 8, 1981.


Attorney(s) appearing for the Case

Howard Fick, of Fick, Myers & Pottroff, of Manhattan, for appellants.

Donn J. Everett, of Everett, Seaton & Knopp, of Manhattan. for appellees.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.


BRAZIL, J.:

Defendants appeal from a judgment which held that plaintiffs had a right-of-way across defendants' land. The court further held that plaintiffs' use of the easement for ingress and egress to plaintiffs' residence was consistent with the prior use of the roadway reserved by grant or established by prescription.

The facts are not in dispute and both parties adopted the trial court's findings of fact...

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