Monarch Real Estate Co. v. Frye

Action by appellant against appellees to enjoin them from closing and interfering with an alleyway alleged to be appurtenant to appellant’s real estate in-the city of Elkhart, Indiana, and to establish an easement in such alleyway.

There was a special finding of facts, which facts so far as here involved, are in substance as follows:

Cyrus E. Frye, hereinafter mentioned as appellee, and his immediate and remote predecessors in title, for more than fifty years last past, have been the owners in fee simple of a part of Lot No. 54 of the First Addition to the town (now city) of Elkhart, Indiana,…