Franceschi

This is an appeal by defendants from a judgment which enjoined them from the use of a roadway and assessed damages against them in the sum of $2,500. Appellants contend that respondents by deed dated April 4, 1955, granted Western Studs, a logging firm, the right to use the roadway and that appellants’ use was under the authorization of the ultimate successors in interest to Western Studs and therefore did not constitute a trespass.

The facts may be briefly stated: In a deed dated April 4, 1955, hereinafter referred to as Mather deed, A. W. Mather (now deceased) and Burdell P. Mather, his wife, (now Mrs. Francesehi) granted to Western Studs, a limited partnership, certain real property, timber and rights of way situated in the County of Humboldt, California. The deed, after describing the land specifically, excepted that portion lying northeasterly of a line parallel to and distant 50 feet southwesterly from the center line of an existing road known as Mather road. The grant included, however, all of the timber on the 50-foot strip of land retained by the Matiiers. The deed also *1043 graiited a nonexclusive right of way for ingress and egress over an existing road known as…