Burdine v. Sewell

Strum, J.,

dissenting. — This case was previously before this Court on appeal from an order of the chancellor sustaining a demurrer and dismissing the bill of complaint. Sewell v. Burdine, 80 Fla. 718; 87 South. Rep. 144. In construing, at that time, the agreement here in controversy, this Court said: “We regard the agreement as one creating an easement over Lots 1 and 2, each lot is burdened by the agreement with an easement over it for the benefit of the owner, or occupant of the owner, one which may be extinguished of course by abandonment or mutual agreement. ’ ’

The present opinion, after…