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

Glennbrook (P) granted Quill and easement in 1938 for $10. Quill died in 1943, and the estate sold the property in question to Johnson in 1945 and then Johnson sold the property to Cox and Detrick in 1960. They wanted to subdivide the property for building residences and guesthouses. P sued Cox (D) for a declaratory judgment as to the scope and extent of the Quill easement. The trial court ruled that the easement was given for a single-family property and that the use contemplated by D would be an illegal and unjustified burden and surcharge upon the servient estate and that D could only use the road as maintained by P. D appealed.

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