Brehm v. State Roads Commission

While what is set out in the following memorandum is implicit in the opinion of the court, the writer desires to emphasize certain points. The complainant does not seek to have the deeds annulled for fraud or mistake, but affirms and relies upon them to support his theory that the easement granted for the public way through the complainant's land must be permanently kept open as a public highway in accordance with complainant's construction of the meaning expressed by the recitals in the two deeds. So, while relying on the deeds as the basic ground of his relief, it does not lie in the mouth…