Silver v. Strohm

This action was instituted by the appellant against respondents and several other defendants to enjoin them from obstructing and preventing his use of a strip of land for road purposes. The defendants other than respondents did not appear. The court made findings of fact and entered a judgment denying an injunction. The court refused to award appellant a right of way over a 15-foot strip of land adjacent to the west side of respondent’s property.' The respondents will be referred to in the singular.

The theory upon which the action was brought and maintained was that the common grantor, W. T.…