Parker v. Marshall

This appeal involves an easement and is an equitable proceeding. We have read the transcript and examined the exhibits. We agree with the facts as found by the trial judge and the law he applied thereto. We therefore adopt as our opinion so much of his memorandum opinion as is applicable to that part of the decree from which appeal has been taken. It is as follows:

"This proceeding is one in declaratory judgment for the purpose of defining the rights of the respective parties arising from an easement granted by plaintiffs to defendants in connection with the sale of land. Plaintiffs contend…