Heusner v. Fleck

WARNE, J. pro tem.*

This is an appeal from a judgment in favor of the defendant in an action brought to cancel or reform a written contract whereby appellants conveyed a private road to respondent.

It appears that for many years prior to 1951 respondent had an easement in an old road on appellants’ property. The road ran from a highway, across appellants’ property, and then into and over respondent’s adjoining property thereby affording both appellants and respondent access to the highway although appellants, but not respondent, had other means of entrance to their property. In 1950 appellants…