Mills v. Taylor

DALTON, Presiding Judge.

Action in equity on the theory of equitable estoppel to establish and have adjudged, as a “commonly owned appurteance to” plaintiffs’ - real estate, the existence of a permanent easement for passage over a small area in the comer of defendant’s real estate and for an injunction to restrain defendant from interfering with plaintiffs’ use of the easement. Defendant denied the existence of the easement, but admitted that plaintiffs owned the adjoining lands and admitted that the driveway, as described ■ in the petition, had existed for a number of years immediately prior…