Question juridique clé
Whether the defendants acquired co-possession of the plaintiff's footpath by occasional tolerated use, such as for manure transport.
Solution extraite
No. Mere permission to use a footpath on a precarious, tolerated basis does not confer possessory status; any earlier regular use was too remote in time to establish co-possession at the relevant moment.
Motifs extraits
The court distinguished an earlier precedent where a party had repeatedly used the land over several years with the owner's tolerance and only later faced opposition. Here, any alleged regular exercise of possession by the defendants lay about 14 years in the past, so co-possession could not be recognized at the present time.