Nomar v. Ballard

The deed from Downey to Sims, considered in Powell v. Sims, 5 W. Va. 1, relied upon by the majority, was dated March 29, 1869. The provisions of the 1868 Code, now Code, 2-1-2, providing that “It is hereby declared that the common law of England, touching ancient lights, is not and never has been in force in this State”, did not become effective until April 1, 1869. The Powell case was not decided until the July term, 1871, and does not mention the statute, but clearly bases its authority upon the common law rule relating to implied grants of easements for light, and very materially limits…