Legal Opinion

Costas v. Henninger

Indiana Court of Appeals

Decided February 24, 1953No. 18,286Published

1Opinion of the CourtKendall, J.

— This action was brought by the appellants for a permanent mandatory injunction to require appellees to open and replace an original entrance to a stairway. The entrance and stairway had been used jointly by and between the appellants and appellees and their immediate and remote grantors as a means of ingress and egress to and from the second floor of their respective adjoining buildings for seventy-four years. The appellants base their contention for a permanent mandatory injunction upon an easement by written grant and also by prescription.

According to the evidence, the door leading up the…

2Cases cited5 opinions

  1. Ryason v. DuntenIndiana Supreme Court · 1905
  2. Keller v. HarrisonSupreme Court of Iowa · 1910
  3. New Albany National Bank v. BrownIndiana Court of Appeals · 1916
  4. Baker v. KistlerIndiana Supreme Court · 1859
  5. Creech v. HubbardIndiana Court of Appeals · 1927

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