Steele v. Russell

Fletcher, Justice.

Appellants filed a declaratory judgment action seeking a determination of whether their property was burdened with an easement benefiting appellees’ property. Appellees answered and filed a counterclaim in which they alleged that appellants had trespassed upon appellees’ property and, in so doing, had acted in bad faith, been stubbornly litigious, and caused appellees unnecessary trouble and expense. Appellees sought nominal damages for the trespass and their expenses of litigation 1 for the character of appellants’ conduct. Appellants appeal from the judgment entered on the…