Deacons v. Doyle
Supreme Court of Virginia
This was a suit in equity in the circuit court of the city Lynchburg, brought by Henry W. Doyle and another against William and Edmund Deacon, to compel them to remove -obstructions which they had put in what the plaintiffs claimed was a roadway extending from their lots, past the lots of the defendants, to the public road.
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This was a suit in equity in the circuit court of the city Lynchburg, brought by Henry W. Doyle and another against William and Edmund Deacon, to compel them to remove -obstructions which they had put in what the plaintiffs claimed was a roadway extending from their lots, past the lots of the defendants, to the public road. All the parties claimed directly or remotely under Hugh E. Scott, who, being the owner of a piece of ground extending to the lands of the James Eiver and Kanawha Company, laid it off into a number of lots, each extending to the James Eiver and Kanawha canal, and sold them…
1Opinion of the CourtChristian, J.
The court is of opinion that the circuit court erred in decreeing that the injunction theretofore awarded in the cause be made perpetual, and in further decreeing that the defendants remove the brick kiln, fences, and all obstructions from the roadway claimed in the plaintiffs’ bill.
Upon the facts of the case as shown by the record before us, the injunction ought to have been dissolved, and the plaintiffs’ bill dismissed.
These facts, or so much of them as may be material to the determination of the question before us, may be briefly stated as follows:
One H. R. Scott was the owner of a tract…
2Cited by10 opinions
- Fanti v. WelshWest Virginia Supreme Court · 1968
- Adams v. SeymourSupreme Court of Virginia · 1950
- Sandum v. JohnsonSupreme Court of Minnesota · 1913
- Muse v. GishSupreme Court of Virginia · 1912
- Hoyt v. RotheWashington Supreme Court · 1917
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