Taylor v. Gross

Opinion by

Ervin, J.,

Clifford I. Taylor, the appellant, instituted an action in equity to enjoin Ben Gross, Celia Gross and Glenn Baughman, appellees, from blocking an alley. The court below, after hearing, dismissed the complaint and decreed that the plaintiff was not entitled to injunctive or other equitable relief.

The facts are as follows: Andrew Lewis McFarlane was the common source of. title and he owned a 140-acre farm which had a frontage on the Lincoln Highway.

El Dorado Lot

In 1930 McFarlane sold a lot (hereinafter called El Dorado or El Dorado lot), having a frontage of 400 feet on the…