Collins v. Stewart

This is a suit in chancery in which plaintiff seeks a permanent injunction to restrain defendant from interfering with plaintiff’s use of a 15-foot strip of land for a driveway. In the court below a decree was entered granting the injunction on the theory the easement was appurtenant, and defendant appeals claiming it was a temporary easement (in gross) terminating with the death of the owner. The situation is shown by the following diagram:

In 1925 one Ada A. VanVleck owned lots 3 and 5 and the south two rods of lot 4 shown on the diagram. On May 26th of that year she conveyed the north half…