Heath v. Kettenhofen

Plaintiffs Heath and defendant Kettenhofen are owners of adjacent parcels of land. Each party has filed an action against the other. Their dispute concerns the existence, extent and proper use of an easement across the northerly 40 feet of defendant’s land. Plaintiffs’ action sought declaratory relief, to quiet title and an injunction. Defendant’s action sought reformation of the deed by which the common grantor of the parties granted the disputed easement to plaintiffs. Although each party, is both a plaintiff and a defendant, for convenience the Heaths will hereafter be referred to as…