This section contains the nature of the case and procedural background.

Ds' predecessor in title purchase property from Garland in 1934. That land was transferred with a reservation; the right of the grantor to pass and repass over a strip of land. In 1953, Garland sold also sold to Ds' predecessor in title an additional lot which was located to the west of and contiguous to the original lot. Another warranty deed was issued that gave the grantor, his heirs and assigns passage rights to reserved pasture land which lied westerly and northwesterly of the granted parcels. P is the successor in title to Garland's land. D refused access to P and P sued. The trial court ruled that the easement was in gross. P appealed.

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