LUCKEY ET UX v. Deatsman

The plaintiffs bring this suit under the Uniform Declaratory Judgments Act to obtain a declaration of the respective rights of the plaintiffs and the defendant to the use of certain spring waters arising on the defendant’s land. From a decree declaring that plaintiffs were the owners of an easement appurtenant in the defendant’s land, the defendant appeals.

The alleged easement arose out of the following circumstances. More than twenty years ago Randall Deatsman, the defendant’s predecessor in interest, and William Monner, to whom plaintiffs trace their title, were in possession of adjoining…