Reid v. Garnett
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Madison county, pronounced September 21, 1901, in a suit in chancery, wherein the appellee was the complainant, and the appellants were the defendants. A bill was filed by the complainant to enjoin the defendants from closing a road through their land.
1Opinion of the CourtBuchanan, J.
In order to establish a private right of way by prescription over the lands of another, the use and enjoyment thereof by the clamant must be shown to be adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the land over which it is claimed (Gaines v. Merryman, 95 Va. 660, 666, 29 S. E. 738; Washb. Easem. (3d ed) side p. 86); and such use and enjoyment must continue for a period of at least twenty years (Cornett v. Rhudy, 80 Va. 710).
It is conceded-by the appellants (the Misses-Keid, the landowners) that the appellee,…
2Cases cited9 opinions
- Cox v. ForrestCourt of Appeals of Maryland · 1883
- Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
- Day v. AllenderCourt of Appeals of Maryland · 1865
- Cornett v. RhudySupreme Court of Virginia · 1885
- Gaines v. MerrymanSupreme Court of Virginia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Pirman v. ConferNew York Court of Appeals · 1937
- Dartnell v. BidwellSupreme Judicial Court of Maine · 1916
- Morris v. BluntUtah Supreme Court · 1916
- Williams v. GreenSupreme Court of Virginia · 1910
- Howard v. WrightNevada Supreme Court · 1914
26 more not listed; retrieve them via the Exa API.