Timney v. Worden

Defendants appeal from an order of the Windham Superior Court enjoining them from using an alleged easement across plaintiffs’ land. On a previous appeal in this matter we returned the case to the lower court, since it had failed to make findings of fact and conclusions of law after an appropriate request had been made. Timney v. Worden, 136 Vt. 634, 392 A.2d 959 (1978). On remand the court made findings and conclusions and again rendered judgment in favor of plaintiffs. The defendants now claim that the factual findings do not support the conclusions and that the evidence does not support…