Ciski v. Wentworth

The journal entry of the Court of Appeals does not disclose upon what ground that court based the decree granting to the plaintiffs below the easement in question. The petition prayed for the injunction upon two grounds: First, a prescriptive right, and, second, an easement by implication, passing as an appurtenance under the conveyance of plaintiffs and those under whom they claimed.

The rights of these plaintiffs in this 12-foot strip we think arise by implication from the conveyances made to their predecessors in title from the common owner, and in turn transmitted to the plaintiffs as…