Grucinski v. Tetlak

Opinion by

Reno, 3.,

Plaintiffs, husband and wife, sued in equity to compel defendants, husband and wife, owners of adjoining property, to remove sand, stones and other obstructions which defendants had placed in a ten foot alleyway, created by deed of the original owner of both of their lots, and to cease and desist from interfering with plaintiffs’ free and unobstructed use of the same. The chancellor dismissed the bill on the ground that the easement had been extinguished by mutual abandonment. Plaintiffs’ exceptions were dismissed by the court en banc, and this appeal followed.

Plaintiffs…