Lacy v. Schmitz

CRANDALL, Judge.

Appellants, Mr. and Mrs. Charles J. Lacy, Jr., appeal from an adverse judgment in their suit against respondents, Mr. and Mrs. Dale E. Schmitz. Appellants initiated this action to gain title to a thirty-foot wide roadway by reformation of their deed of conveyance or by virtue of adverse possession. Relief was also sought to have respondents enjoined from interfering with appellants’ use, enjoyment, maintenance and improvement of the roadway.

In this court-tried case, the trial judge issued findings of fact and conclusions of law and refused to reform the original roadway deed.…