Rose Et Ux. v. Denn Et Ux.

S.L. Rose, and another, sued Henry Denn, and others, to enjoin defendants from interfering with the use of an easement and way of necessity.

The Circuit Court for Douglas County, Carl E. Wimberly, J., rendered a decree for plaintiffs, and defendants appealed.

The Supreme Court, Rossman, J., affirmed the decree, and held that an implied way of necessity was reserved by the original grantor and grantee of lands over which the road passed. This is an appeal by the defendants from a decree of the Circuit Court which held that the plaintiffs "are the owners and users of an easement and way of…