Toenniges
Toenniges v. Griffeth
Opinion
Lead Opinion
Fourt, J.
This is an appeal from a judgment and from an order denying defendants ’ motion for a new trial, in which judgment defendants Forrest Griffeth and Eva E. Griffeth were ordered to remove one of the masonry pilasters and a section of the chain fence which was built upon and obstructs a portion of a certain nonexclusive easement for road purposes ; and in which said defendants, and each of them, were perpetually restrained and enjoined from obstructing, closing, or interfering with the use by plaintiffs of said nonexclusive easement by the maintenance thereon of any gate, pilaster or fence.
■ The plaintiffs brought an action for an injunction and damages for an interference with an easement and way of necessity. The complaint set forth, in effect, that the plaintiffs were, and had been since January 29, 1948, the owners and occupants of certain described real property, and of “an easement for road purposes, to be used in common with others over that certain strip of land 20 feet wide in” a certain tract, and then particularly described the property to be so used as an easement. It was alleged that the plaintiffs and their predecessors in interest have been and are the owners of the…