Siferd v. Stambor

The basic issue on this appeal on questions of law is whether the plaintiffs have alleged a cause of action for an injunction or, if not, whether there is alleged a cause of action for a declaratory judgment. To determine the former we must determine whether the allegations of the amended petition set forth an easement in the plaintiffs with which the defendant threatens to interfere.

In their argument of this issue the parties, particularly the defendant, have placed much emphasis on the words of the conveyance from the Bonofiglios to the Yromans. In my opinion more emphasis must be placed on…