McMullen v. King

OPINION ON MOTION FOR REHEARING

BISSETT, Justice.

The appellants have raised matters in their motion for rehearing that relate to language in the original opinion concerning the subject of waiver. Because of the confusion caused by such language, we have withdrawn our original opinion and substitute this opinion for the original. The judgment of the trial court is affirmed and appellants’ motion for rehearing is overruled.

This appeal is from a declaratory judgment which decreed that the appellants, defendants in the trial court, have no right or easement to cross the appellee’s land. The issue…