Beach owned a tract of land called Blackacre. An old road ran through Blackacre from the abutting public highway. The road had been used to haul wood from Blackacre. Without Beach's permission and with no initial right, Daniel, the owner of Whiteacre, which adjoined Blackacre, traveled over the old road for a period of 15 years to obtain access to Whiteacre, although Whiteacre abutted another public road. Occasionally, Daniel made repairs to the old road. The period of time to acquire rights by prescription in the jurisdiction is ten years. After the expiration of 15 years, Beach conveyed a portion of Blackacre to Carrol. The deed included the following clause: "together with the right to pass and repass at all times and for all purposes over the old road." Carrol built a house fronting on the old road. The road was severely damaged by a spring flood, and Carrol made substantial repairs to the road. Carrol asked Daniel and Beach to contribute one-third each to the cost of repairing the flood damage. They both refused, and Carrol brought an appropriate action to compel contribution from Beach and Daniel. In this action, Carrol will 
lose as to both defendants. win as to both defendants. win as to Beach, but lose as to Daniel.  win as to Daniel, but lose as to Beach. 