Heniff v. Clausen

The opinion of the court was delivered by

Harvey, J.:

This was an action to enjoin defendant from obstructing or in any way interfering with plaintiff’s use of a right of way of ingress and egress across defendant’s land from and to a public highway which plaintiff alleged he had acquired by implication from the common grantor of both tracts, and also by prescription. There was a second cause of action for damages, but the trial court spéciñcally ' reserved this, and no trial ever was had upon it. After a hearing a temporary injunction was allowed January 26, 1938. Defendant filed an answer…