Sullivan v. O'Brien

Plaintiff is seeking in equity to reform a land contract. The trial court rendered decree in her favor, and defendants John H. O’Brien and Emma O’Brien have appealed.

March 23, 1903, plaintiff purchased lot 20, block 5, of part of the Thompson farm, and was given a warranty deed containing the following reservation:

“The first parties reserve unto themselves, their heirs and assigns, a right of way over the east 9 feet of the north 20 feet of the west 112 feet of the land hereby granted, it being the intention that the said 9 feet is reserved for use as a private alleyway.”

An easement of a…