Houghtaling v. Stoothoff

Morschauser, Joseph,

Official Referee. This is an action for a mandatory injunction requiring the defendants to remove a fence erected by them along the north line of a right of way ten feet wide over' which plaintiff was granted an easement for ingress and egress. At the time of the commencement of the action the plaintiff served a notice of motion, in which he applied for a temporary injunction. This motion was denied, and in a memorandum opinion the learned justice held that under the conveyances to the respective parties the defendants Stoothoff and wife were the owners in fee of the…