Lovin v. Crisp

MITCHELL, Judge.

The plaintiffs, by their single assignment of error, contend that the trial court erred in granting summary judgment for the defendants. This assignment is meritorious.

The plaintiffs contend that summary judgment for the defendants was erroneous, and that a proper construction of the deed of 20 June 1963 reveals that, as a matter of law, it created an easement appurtenant to the lands conveyed by its terms and no other lands. The plaintiffs additionally contend that their complaint and affidavits raised substantial issues of material fact as to trespasses by the defendants,…