Miller v. . Teer

In tbis appeal plaintiffs rely, for tbe most part, on tbe consent judgment of 1903, above set out in full, as determining tbe rights of tbe parties relative to tbe passageway in dispute.

First, they contend that tbe effect of tbe judgment is to create a fee simple ownership in tbe parties plaintiff and defendant in that suit, as tenants in common of tbe whole strip, which is now outstanding in tbe present litigant parties as successors in title. Although we get tbe impression from tbe findings of fact that tbe case was not tried on that theory in tbe court below — the plaintiff there insisting…