Taylor v. Henderson and Smith

The plaintiff and defendant Henderson are adjoining land owners in the village of Wells Eiver, and there is a driveway used in common between their respective properties. Defendant Smith is Henderson’s tenant. The plaintiff brought a bill in equity alleging that the defendants were building upon and obstructing the driveway, and, upon a preliminary hearing, obtained a temporary injunction. The defendants then filed a cross bill in which they claimed that one of the plaintiff’s buildings was partly upon the driveway and prayed for a mandatory order for its removal and for damages. Issue was…