Eagan v. Nagle

Opinion by

Mr. Chief Justice Horace Stern,

Plaintiffs’ appeal is from a decree of the court below dismissing their bill in equity in which they sought to enjoin defendants from preventing their use of an alleged right of way over defendants’ properties. Defendants denied the existence of any such easement.

In 1923, William Irwin Arbuckle, who owned 18 acres of land in Mill creek Township, Erie County, deeded to John H. Russell the westernmost part of the tract extending some 600 feet from north to south and 200 feet from east to west. This conveyance contained no express grant of any right of…