Werry Et Ux. v. Sheldon

Opinion by

Baldrige, J.,

Karl Werry and Emma Werry, his wife, appellants herein, seeking a construction of a grant in a certain deed under which they claim the right to use a private road across the land of Harry A. Sheldon free from any interference, filed a petition in the court below for a declaratory judgment.

After an answer was filed thereto the parties agreed that the issues involved should be determined on the basis of the testimony taken at a hearing of a bill in equity previously filed by the Werrys seeking to restrain Albert L. Jarvie and Annie S. Jarvie, his wife, the predecessors in…