Donald L. Swaggerty and Kathryn Swaggerty

Plaintiffs sought a declaratory judgment establishing a prescriptive easement for a roadway across Defendants' property and also sought to enjoin Defendants from maintaining an existing cattle guard and placing other cattle guards, gates or other obstructions across the roadway. Trial was to the court without a jury. From the evidence, it appears that Plaintiffs' property consists of approximately 73 acres and adjoins Defendants' property on the east. Defendants' property consists of approximately 91 acres and is bounded on the west by a county road. The road in question extends along the north side of Defendants' property generally from the county road on the west to Plaintiffs' property on the east. It was referred to in the testimony as a ""lane,"" ""single lane road,"" ""just two tracks,"" and a ""two-track lane."" The photographic evidence supports these descriptions.