Williamson v. McMonagle
Court of Chancery of Delaware
Bill to Enjoin an .Obstruction to the Use of an Alley. The bill is to enjoin the continuance of an obstruction of an alley, to the use of which the complainants are entitled over land of the defendant, in common with the defendant.
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Bill to Enjoin an .Obstruction to the Use of an Alley. The bill is to enjoin the continuance of an obstruction of an alley, to the use of which the complainants are entitled over land of the defendant, in common with the defendant. A predecessor in title of the complainant conveyed the bed of the alley to the predecessor in title of the defendant, with the privilege of building above the alley, subject to the “full, free and undisturbed use and privilege for the said Joseph Smithel [under whom the complainants are entitled], his heirs and assigns, to have and enjoy in the said passage or…
1Opinion of the Court
The Chancellor:
It is clear, that the defendant has the legal title to the bed of the alley, subject to the full use of the whole of the four feet in width as an alley or passageway. It is equally clear that the structure erected in the passageway narrows the width perceptibly and substantially, and requires the users of the passageway to go through a narrow gate or *385door. This is so clearly a violation of the established and undisputed rights of the complainants that beyond question the complainant will ultimately obtain the relief sought, viz., a removal of the obstruction. Without passing on…
2Cases cited4 opinions
- Baker v. FrickCourt of Appeals of Maryland · 1876
- Tebo v. HazelCourt of Chancery of Delaware · 1909
- West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- West Side Electric Co. v. Consolidated Telegraph & ElecTrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by13 opinions
- Gimbel v. Signal Companies, Inc.Court of Chancery of Delaware · 1974
- Kallick v. Sandridge Energy, Inc.Court of Chancery of Delaware · 2013
- Nebeker v. BergCourt of Chancery of Delaware · 1921
- State v. Delaware State Educational AssociationCourt of Chancery of Delaware · 1974
- Consolidated Film Industries, Inc. v. JohnsonSupreme Court of Delaware · 1937
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