Krogh v. Clark

LeGRAND, Justice.

This appeal reaches us as the culmination of a dispute between neighbors over the existence of an easement for driveway purposes across plaintiff’s land. Plaintiffs seek to enjoin defendants from their intended use of the easement and for damages -because of the removal of 12 trees and 20 rods of fencing lying within the easement area. The trial court ruled against plaintiffs and we affirm.

This is an equitable action which is tria-ble here de novo. We give weight to the trial court’s findings but are not bound by them. Rule 344(f)(7), Rules of Civil Procedure. It is therefore…