Miller v. Schmitz

delivered.the opinion of the court:

Defendant Celestine Schmitz appeals from the judgment of the Circuit Court of Shelby County granting an easement across his property to Margaret Miller, the plaintiff, and enjoining him from interfering with plaintiff’s use of the easement.

Plaintiff and defendant own adjoining farmland in Shelby County. Defendant’s land lies to the east of plaintiff’s and is bordered on the east by a township road running north to south. To the west, another north-south road forms the western border of plaintiff’s property. The eastern boundary of plaintiff’s land and the…