Ludke v. Egan

On March 20, 1974, the personal representative of the estate of Catherine Ludke brought an action against the appellants for a declaratory judgment seeking either an easement by necessity or by prescription over the appellants’ land for the benefit of a landlocked parcel owned by the estate. The appellants brought a third-party action against the Mickes, third-party defendants and respondents, as grantors, for damages resulting if an easement were imposed.

A trial to the court was held May 7, 1975. The following facts, were testified to at trial.

On November 30, 1920, William Micke sold a…