106 N.J. Eq. 453 | N.J. Ct. of Ch. | 1930
The matters sub judice are (1) an order, based on petition, requiring the defendant to show cause why he should not be adjudged guilty of contempt of this court for having violated and disobeyed the requirements of a final decree bearing date April 23d 1928, and the injunction contained therein; (2) a motion, based on notice and affidavit (the defendant relying on the same affidavit filed by him in the contempt proceedings) for an order to vacate the aforesaid decree. The complainants' bill, filed August 30th, 1926, alleges ownership of parcel of land therein described, together with an easement of right-of-way appurtenant thereto. It alleges also defendant's ownership of a parcel of land adjoining the property of complainants, that the defendant was interfering with and obstructing the aforesaid right-of-way and by divers means violating complainants' right to the use thereof as a means of entrance to and exit from their premises. An easement is a right, distinct from ownership, to use in some way the land of another, without compensation. Kutschinski v.Thompson,