Brunthaver v. Talty
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant from a decree of tbe Supreme Court of the District of Columbia, in a suit to enjoin the defendant from making use of an alley adjacent to complainant’s premises. The Court in the opinion stated the facts as follows: The appellant, Elizabeth A. Brunthaver, appeals from a decree dismissing her bill to enjoin the appellee, Elizabeth B. Talty, from making use of an alleyway adjacent to appellee’s premises.
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Hearing on an appeal by the complainant from a decree of tbe Supreme Court of the District of Columbia, in a suit to enjoin the defendant from making use of an alley adjacent to complainant’s premises. The Court in the opinion stated the facts as follows: The appellant, Elizabeth A. Brunthaver, appeals from a decree dismissing her bill to enjoin the appellee, Elizabeth B. Talty, from making use of an alleyway adjacent to appellee’s premises. The cause was heard on bill and answer. These disclose the following facts: Complainant is the owner of a lot which consists of parts of lots 4 and 3 in…
1Opinion of the CourtChief Justice Shepard
Complainant’s contention is that, by building said wall without having an opening for the use of the alley, the said Cryer abandoned the same, and her right thereby became extinguished. She also contends that, when she acquired her title, she had the-right to assume the abandonment and extinguishment of the right to use said alley, whereby defendant is estopped to assert a right thereto. She made no inquiries concerning the abandon*137ment of the open alley, and no representations were made to hex" concerning its abandonment.
On this state of facts, we think the court was right in dismissing the…
2Cases cited11 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Vogler v. GeissCourt of Appeals of Maryland · 1879
- Richmond v. BennettSupreme Court of Pennsylvania · 1903
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Kuecken v. VoltzIllinois Supreme Court · 1884
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3Cited by3 opinions
- Horace Case v. Arthur E. MorrisetteCourt of Appeals for the D.C. Circuit · 1973
- Faulks v. SchriderCourt of Appeals for the D.C. Circuit · 1938
- Board of Trustees, The Grand Lodge of the Independent Order of Odd Fellow of the District of Columbia v. Carmine's DC, LLCDistrict of Columbia Court of Appeals · 2020