Des Fosses v. Rastelli

In an action for an injunction restraining interference with the plaintiffs’ easement over the defendants’ land, the defendants appeal from the judgment directing them to remove the encroachments and declaring the rights of the parties. Judgment modified on the law and the facts by striking out the fifth decretal paragraph and by substituting therefor: “ Ordered, Adjudged, Decreed and Declared that the plaintiff, Henry Des Fosses, and his successors in title subsequent to March 29, 1947, and the plaintiff, Emilie O. Des Fosses, and her grantees (who have recorded their conveyances) prior to…