Toelle v. Preuss

This is an action for equitable relief brought by the appellee as plaintiff against the appellant as defendant to enjoin the latter from interfering with the plaintiff’s use of an easement across the defendant’s land and quieting the title to the easement in the plaintiff. The district court found for the plaintiff and granted the relief sought. The defendant’s motions for new trial were overruled and the defendant appealed.

This being an appeal in an action in equity, it is the duty of the court to try the issues of fact complained of de novo and reach an independent conclusion without…