Bass v. Sanders

MERRILL, Justice.

This is an appeal from a decree in a declaratory judgment proceeding in which appellee Sanders sought to have a fifty foot easement declared between the property of appellant Bass on the north and appellant Killion on the south. The trial court granted the easement.

The property involved is in the shape of a parallelogram approximately 670 feet east and west and 50 feet wide. It is bounded on the east by U. S. Highway 98 and on the west by Mobile Bay. The shoreline and the highway parallel each other in a northeasterly-southwesterly direction.

Appellee alleged that the 50 foot…