Miles v. Bodenheim

(after stating the facts as above). Appellant insists that the easement claimed by appellees Melton and Bodenheim could have been created only by an express grant thereof by a deed duly executed by Rogers and his wife, or by ,a grant thereof the law would inqply from the necessity of the case, or from long and continuous use of the alley as a way. Appellant further insists that it did not appear from either said ap-pellees’ pleadings or the evidence that an easement as claimed was created in either of those ways, and that the trial court therefore erred when he overruled appellant’s demurrer…