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

P and Fleming (D) are owners of adjoining parcels of real estate. Both derived through mesne conveyances from a common grantor with a restriction that no obstacle block or obstruct the southerly view of Main Street from the grantor's house. Seven days after the original deed was delivered another instrument was signed that released from the grantee to the grantor, his heirs, executors, administrators, and assigns all rights to obstruct the southern view. P sought declaratory relief from the court that D had no enforceable easement of view over the premises owned by P. The trial court declared the easement lost. D appealed.

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