Rosebrook v. Utz

Plaintiffs sought to quiet title to a right of way over the land of defendant and also sought an injunction to‘restrain the defendant from interfering with plaintiffs’ use and enjoyment of said right of way. A judgment was entered in favor of plaintiffs on October 28, 1937. Thereafter defendant made a motion for a new trial, which motion was granted upon the sole issue of the description of the right of way and was denied upon all other issues, the trial court including in its order an order that the judgment previously rendered be vacated and set aside. A trial was thereafter had solely upon…