Shaw v. Baesemann

FISCHBACH, Judge.

Defendant, Ruth T. Baesemann, appeals the judgment for removal of a fence and payment of attorney fees to plaintiff, Richard H. Shaw. We reverse the award of fees and otherwise affirm the judgment.

I

Defendant asserts several errors in the trial court’s conclusion based upon a prior quiet title decree that plaintiff has an “easement and right-of-way for use for the east 15 feet of lot 7, block 8; town of Georgetown ... for whatever reasonable use he wishes to place it to.” Defendant contends in essence that the various deeds in the chain of title do not create an unrestricted…