Norback v. Board of Directors of Church Extension Soc.

I am inclined to the view that the case mainly is one in equity. Whether a case is one at law or in equity is chiefly determined by the character of the pleadings. The plaintiff in a first count alleged that he was the owner and in possession of a particularly described parcel of land; that he since 1910, and at the commencement of the action, was also the owner of an easement or right of way over a particularly described parcel of land of the defendants; that for more than twenty years prior to the commencement of the action he and his predecessors in interest continously, uninterruptedly,…