Cheney v. Mueller

Defendants appeal from a judgment granting to plaintiffs an easement by implied reservation across defendants’ property.

Plaintiffs’ complaint, after alleging the facts, asked that the deed from plaintiffs to defendants be reformed to include a reference to “existing rights of way for roads”; that defendants be enjoined from blocking the access road to a house subsequently sold by plaintiffs to a Mr. Hansen and “for such other and further relief as to the court seems just and equitable.” Defendants’ answer, in addition to a general denial, also asked for affirmative relief requiring plaintiffs…