The first principle of equity is justice (Tompers v Bank of America, 217 App Div 691); and, a court of equity should require that parties before it do what equity and good conscience require should be done, particularly where public health and safety are concerned (Henderson v Leatherman, 120 Fla 496).
Plaintiffs in this nonjury action seek the declaration of an easement across defendant adjoining landowner's property...
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