Shipley v. Caples
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Anne Arundel county. The bill in this case, filed on the 28th of June 1859, by the appellee against the appellant, alleges that the complainant is the owner of a market farm about seven miles from the city of Baltimore, and that he and those under whom he claims, from time immemorial, have been accustomed to use a road leading through the lands of the defendant and others, to pass with horses, wagons, carts and servants,…
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Appeal from the Equity Side of the Circuit Court for Anne Arundel county. The bill in this case, filed on the 28th of June 1859, by the appellee against the appellant, alleges that the complainant is the owner of a market farm about seven miles from the city of Baltimore, and that he and those under whom he claims, from time immemorial, have been accustomed to use a road leading through the lands of the defendant and others, to pass with horses, wagons, carts and servants, to haul produce and other articles to and from Baltimore city, and that this road is, in fact, the only outlet which…
1Opinion of the CourtTuck, J.
We are of opinion that this case is fully within the doctrines established in Amelung vs. Seekamp, 9 G. & J., 468, and frequently applied in other cases by this court. There the complainant, sought to have removed obstructions from a private road leading to his mills. Here the party claims a prescriptive right of way over the defendant’s land, from his own farm to a public road and market. It was objected, in Seekamp's case, that his bill did not show that he had no other reasonably convenient outlet from his mills, and that by the obstruction a valuable portion of his custom would be driven…
2Cases cited1 opinion
- Amelung v. SeekampCourt of Appeals of Maryland · 1838
3Cited by7 opinions
- Smith v. ShiebeckCourt of Appeals of Maryland · 1942
- Moore v. McAllisterCourt of Appeals of Maryland · 1958
- Appeal of Hacke & HugusSupreme Court of Pennsylvania · 1882
- Gulick v. FisherCourt of Appeals of Maryland · 1901
- Leekley v. DewingCourt of Appeals of Maryland · 1958
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