Reese

Defendants Franzo and Mary Borghi, husband and wife, appeal from a declaratory judgment granting plaintiffs Clyde L. and Marie W. Reese, husband and wife, a right-of-way of necessity over a parcel of land previously conveyed to defendants by plaintiffs. Defendants also appeal from an order denying their motion to strike plaintiffs’ cost bill. Although represented by counsel below, plaintiffs appear here in propriis personis.

The principal facts are not in dispute. In 1953 plaintiffs acquired five contiguous parcels of land referred to in the record as Whiteside, B-l, B-2, C and A, together with a nonexclusive perpetual easement and right-of-way appurtenant thereto over and along a private road called Witherly Lane, which ran in a general easterly and westerly direction and connected on the west with a main highway. All of the above parcels are situated on the north side of the above road. Proceeding from west to east, the parcels lie generally as follows: Whiteside, the most westerly, abuts the road on the north; next, parcel B-2 abuts the road on the north with parcel B-l in the rear and to the north of B-2; next, parcel A abuts the road on the north with parcel C in the rear…