Wendell v. Heim

The opinion of the court was delivered by

Benson, J.:

This action was to prevent the obstruction of a private way. In the year 1902, Chris Ehart owned a tract of land consisting of several contiguous subdivisions, but in different sections. On the 8th of April of that year he conveyed to the appellant, Heim, fifty acres of this land, consisting of adjoining tracts, one of thirty acres and another of twenty acres. The conveyance contained this reservation:

“Reserving a right-of-way across the north side of the last described piece of land to drive to and from the public road, but-not to occupy or…