Faulkner v. Thorn

Hatgher, Judge:

This is a suit to establish an easement, the use of which defendant was impeding. The circuit court dismissed the bill and in response to the answer; established a division line between the parties. In passing, it is noted that equity has no independent jurisdiction to establish a boundary line and could do so in this cause only as an incident to the determination of the alleged easement. Carberry v. Rr. Co., 44 W. Va. 260, 28 S. E. 694; 9 C. J., subject Boundaries, sec. 281.

Plaintiff’s farm is rectangular and is adjoined on its entire southern line by defendant’s farm. Along…