Shelton v. Simpson

The opinion of the court was delivered by

Fatzer, J.:

In.this action plaintiffs sought to enjoin the defendants from using a roadway across their land. A jury was waived and trial was by the court. Extensive and detailed findings of fact together with conclusions of law were made by the trial court and judgment was entered for the defendants under the principle of equitable estoppel in that plaintiffs were estopped from denying use of the roadway. A motion for a new trial was timely filed and overruled, and plaintiffs appeal from the judgment rendered in favor of the defendants and from the…