Casteel v. Malisch

HENDRY, Chief Judge.

This is an appeal from a final summary judgment in favor of the appellees who brought this action for a decree that they have an easement over property owned by the appellants and to restrain the appellants from interfering with the use of the easement.

The complaint alleges that the parties derive their title from common grantors. The appellees-Malisches were deeded their property from the common grantors in. 1950, and the appellees-Hills were con--veyed their property by deed dated December 27, 1961. The subject property was conveyed by the common grantors to another on…