INSKO v. Mosier

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting evidence of subjective intentions, beliefs about an easement or outright ownership, and even overt statements made to others during the prescriptive period
• stating that the presumption of adversity also “may be rebutted by evidence that the plaintiff’s use was of an existing way (i.e., a way not constructed by the plaintiff or the plaintiff’s pre- decessor) and did not interfere with the owner’s use of the servient land”
• stating that the presumption of adversity also “may be rebutted by evidence that the plaintiff’s use was of an existing way (i.e., a way not constructed by the plaintiff or the plaintiff’s pre- decessor) and did not interfere with the owner’s use of the servient land”

Source: CourtListener parenthetical corpus (CC0).