Sedwick v. Blaney

Opinion by

Gunther, J.,

Plaintiffs are owners of lots purchased from a common grantor, the heirs of H. E. Montgomery. The east side of the lots abut on a roadway the use of which was specifically granted plaintiffs in their respective deeds. Defendants own lots on the other side of the roadway and abutting thereon. The latter were purchased from Grant Zellefrow who bought from H. E. Montgomery by deed making no reference to any roadway. Plaintiffs sought to enjoin defendants from using the roadway. The court below granted the relief prayed for and entered an appropriate decree. Defendants’…