Martin v. Music

254 S.W.2d 701 (1953)

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Nature of the Case

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Facts

Music (D) gave an easement to Martin (P) to construct a sewer line over his property. This easement was given by contract in 1949. D had a right to connect to the sewer line as well. At the time the agreement was executed the eight lots owned by D were used only to park vehicles used for the distribution of oil and gas. D then sold six lots to Moore, who in turn sold three to Martin (D1). D1 constructed a dwelling house and wanted to connect to P's sewer line. P sued contending that the right to connect was personal to D only and not to D1. The trial court ruled for D1 and P appealed. P contends that the agreement provided an easement in gross rather than one running with the land.