Ricelli v. Atkinson

This is an appeal on questions of law by plaintiffs from a finding and judgment of the Common Pleas Court for the defendant. The petition seeks a declaratory judgment directing the defendant to permit plaintiffs to use a driveway over defendant’s property. A plat of the premises involved appears on page 177, post, and references herein to numbers and letters refer to the several parcels shown on such plat.

In 1902, the executors of Butts conveyed the south one-half of the west two-thirds of lot numbered 21 (parcel 1) to one Bookmyer “reserving therefrom a strip of land twelve (12) feet in…