Mearida v. Murphy

This is a suit for specific performance of an option requiring defendants to convey an easement to plaintiffs over certain land owned by defendants. The trial court entered summary judgment for the defendants. We reverse.

Both plaintiffs and defendants derive their titles from common grantors, people named Evans. On February 26, 1969, the Evanses conveyed to plaintiffs approximately 40 acres of unimproved land in rural De Witt County. In connection with this conveyance the Evanses also conveyed to plaintiffs a 32-foot easement over property adjacent to the 40 acres and owned by the Evanses.…