Stevens v. Bird-Jex Co.

The plaintiffs, appellants herein, own certain premises with a right of way 17 feet in width made appurtenant thereto by grant. The “right of way” is over and across a strip of ground of the same width adjoining the premises of the plaintiffs, the fee title to which is held by the defendant, who uses such strip solely as a driveway for ingress and egress to and from other property owned by it. The plaintiffs seek to limit and restrict the defendant in its use of such driveway. They contend that by a conveyance to their predecessors in interest the grantor therein created an exclusive easement…