Pierpoint v. Town of Harrisville
West Virginia Supreme Court
Appeal from, and supersedeas .to, a decree of the circuit court of Ritchie county, rendered on the twenty-ninth day of December, 1873, dissolving an injunction in a suit then pending in said court; and, also, from a decree rendered on the first day of May, 1874, dismissing the bill in the same suit. The complainant below, and the appellant here, was Z. M. Pierpoint, and the respondent and appellee, The Town of Harrisville.
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Appeal from, and supersedeas .to, a decree of the circuit court of Ritchie county, rendered on the twenty-ninth day of December, 1873, dissolving an injunction in a suit then pending in said court; and, also, from a decree rendered on the first day of May, 1874, dismissing the bill in the same suit. The complainant below, and the appellant here, was Z. M. Pierpoint, and the respondent and appellee, The Town of Harrisville. The facts are fully set forth in the opinion of the Court. The Hon. James M. Jackson, judge of said circuit court, presided at' the hearing below.
1Opinion of the Court
Green, Judge :
In August, 1873, Z.M. Pierpoint applied to tlie Judge the circuit court of Ritchie for an injunction to restrain the Town of Harrisville from opening streets in a three-acre lot, owned by the plaintiff, and which the town claimed had been dedicated to the public. The injunction was granted.
The pleadings and evidence show that, in 1843, Henr}r Rexroad conveyed a tract of thirty-one acres, in said county, to Daniel Rexroad. In 1845, having no title to the land,, he presented to the county court of Ritchie a plot of a towm, -which he called Harrisville, with certain streets and…
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