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

Evans Yale Corporation developed a piece of farmland into building lots. The lots were sold, and a swimming pool was constructed on the tract, and all deeds to purchasers of the lots had a provision that the Grantee and his immediate family shall enjoy free use of the swimming pool. Marantha Settlement Association INC.(P) received title from Evans Yale and then forbade Ds from enjoying the use of the pool claiming that the privilege had been limited to the immediate grantees of Evans Yale or from P on the ground that it was a mere license or easement in gross and did not pass to assignees of the original purchasers. D claimed that it was an easement appurtenant. The court found for D and P appealed.

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