Scott v. Walden

HICKMAN, Commissioner.

This suit, filed by J. D. Scott and wife, Prince E. Scott, against Miss Nettie B. Walden, is in the nature of an action to quiet title, having for its purpose the cancellation of a right of way easement granted by plaintiffs to the defendant in a deed. The question for decision is not whether an easement was created, but whether the plaintiffs are entitled to a cancellation of the easement on account of the ripening of a condition subsequent expressed in the grant. The. language of the grant will be set out in full below. A jury was demanded, but at the conclusion of the…