Welch v. MacDowell

By Judge Johanna L. Fi tzpatrick

This case was heard by the Court on the 16th and 17th day of March, 1991, upon the Amended Motion for Judgment filed by the Plaintiffs, Garland J. Welch and Barbara Jean Welch, and on the Counterclaim filed by Defendant, Richard F. MacDowell, Sr. By the conclusion of trial, Plaintiffs proceeded only on Count I, and Defendant MacDowell presented no evidence on his Counterclaim. Count I of the Plaintiffs Amended Motion for Judgment prays for judgment declaring that the Plaintiffs have an easement of record across a parcel of land owned by the Defendant. The Court…