Clatterbuck v. Clore
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Madison county. Decree for complainant. Defendants appeal. This suit in equity was instituted in February, 1920, by the appellee.
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Appeal from a decree of the Circuit Court of Madison county. Decree for complainant. Defendants appeal. This suit in equity was instituted in February, 1920, by the appellee. The bill seeks to have the appellants enjoined and restrained from closing a certain private right of way at a place where it passes over a parcel of about one and one-half acres of land which appellants claim to- own, and which the bill admits is embraced in the deed under which appellants derive title, but which, the bill alleges, is in truth owned by the appellee. The bill also alleges that the appellee had before…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
In the view we take of the case it will be necessary for us to consider only one question which is presented by the assignments of error, as that, in our opinion, is decisive of the case. Such question is as follows:
1. Did the court below err in holding that the appellee had acquired the prescriptive right to use the road along the route as established by the decree under review?
This question must be answered in the affirmative.
[1, 2] In accordance with numerous decisions of this court, it is essential…
2Cases cited3 opinions
- Christian v. BulbeckSupreme Court of Virginia · 1916
- Muncy v. UpdykeSupreme Court of Virginia · 1916
- Landrum v. TylerSupreme Court of Virginia · 1920
3Cited by11 opinions
- Davis v. WilkinsonCourt of Appeals of Virginia · 1924
- Eagle Lodge, Inc. v. HofmeyerSupreme Court of Virginia · 1952
- McNeil v. KingreySupreme Court of Virginia · 1989
- Rives v. GoochSupreme Court of Virginia · 1932
- Chaney v. HaynesSupreme Court of Virginia · 1995
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