Roberts v. Ward

POEEENBARGER, JUDGE:

Tbe principal grounds of tbe argument submitted to sustain tbis decree dissolving an injunction against obstruction of a private way and dismissing a bill for a perpetual injunction against sucb obstruction are; (1), a previous decree denying tbe right, relied upon as a former adjudication; (2), permissive exercise of the long user admitted; (3), lack of claim of right in tbe use of tbe way; (4), use of it in common with others, relied upon as being inconsistent with, and negativing, the theory of an exclusive and adverse right; and, (5), insufficiency of the bill by…