Federal Savings & Loan Insurance v. Urschel

The opinion of the court was delivered by

Parker, J.:

In this action the plaintiff sought to enjoin the defendants from interfering with its use of a stairway located in a building belonging to defendants and connected with the plaintiff’s building by a door through the wall between such buildings.

The amended petition contained two counts. Summarized, the first was based on a written agreement the terms of which were alleged to have been known to the defendants granting the original owner of the building, now owned by plaintiff, the use of the stairway while the second alleged that plaintiff…