Smith v. Dennedy

(aftev stating the facts). The crucial question in the case is the character of the easement fixed by the amended decree of July 26, 1904, whether an easement appurtenant or an easement in gross. Incidentally the extent of the easement is involved with the further question of whether defendant and his predecessor in title have acquired rights by adverse *381user since the entry of the decree. While some courts look with disfavor upon and decline to recognize easements in gross strictly speaking (9 R. C. L. p. 739; 32 Yale Law Journal, p.- 813), this court recognizes their existence and the…