Vandegrift v. Burke
Court of Appeals of Maryland
Appeal from the Circuit Court for Kent County (Martin and Brown, JJ.) The evidence is abundant and convincing that from 1855 until Burke built up his fence in 1901, the occupants of the premises now belonging to Vandegrift, crossed the Burke lot to get to the eight-foot alley.
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Appeal from the Circuit Court for Kent County (Martin and Brown, JJ.) The evidence is abundant and convincing that from 1855 until Burke built up his fence in 1901, the occupants of the premises now belonging to Vandegrift, crossed the Burke lot to get to the eight-foot alley. That it was not only used during all those years as a means of ingress and egress to the rear of the Vandegrift property, but was used to carry in the wood and coal, and to take out the refuse slops and night soil from the privy on the Vandegrift property; and that there was no other way except through the house. There…
1Opinion of the CourtPage, J.
It is alleged in the declaration in this case the appellant is entitled to a way over the land of the appellee to and from a private alley, and along said alley to Cross street, “for the more convenient occupation of his land,” and that the appellee “has deprived and does deprive him of the use of said way.” The pleas are 1st no right of way over “the alley,” and 2nd no right of way over the appellee’s land.
The pleadings therefore raise two issues, first has the appellant a right of way over the appellee’s land to the alley (called in the record Wickes’ alley), and second has he a right of…
2Cases cited2 opinions
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Thistle v. Frostburg Coal Co.Court of Appeals of Maryland · 1856
3Cited by3 opinions
- Zimmerman v. CockeyCourt of Appeals of Maryland · 1912
- Easter v. Overlea Land Co.Court of Appeals of Maryland · 1917
- Wason v. NashuaSupreme Court of New Hampshire · 1931