Barwick v. Rouse

The record and case on appeal disclose that the theory on which plaintiff bases her cause of action is that at the time of the severance of title by W. H. Barwick there existed the essentials for the creation by implication of law of a roadway easement from her land across the land of defendants as described in the complaint.

On the other hand, defendants deny the existence of such essentials.

The principle of law involved is well established in this and other jurisdictions. In this connection it is a general rule of law that where one conveys a part of his estate, he impliedly grants all those…