Modrell v. Crews

The judgment before us for review purports to establish a perpetual right of way over certain land for ingress to and egress from a reservoir in Yuma county, but it assumes to do more. To some extent the judgment is entitled to be approved, but proper limitations must be set and the judgment itself accordingly modified.

The action is an injunction suit, brought to restrain the defendants from interfering with the right of way in question.

Crews, as plaintiff, sued both Modrell, the owner of the land which Crews asked to have made subservient to an easement, and Modrell’s lessee and mortgagee,…