Pue v. Pue
High Court of Chancery of Maryland
[The bill in this case was filed to obtain an injunction restraining the defendant from closing a road over his lands, in which the complainant claimed a private right of way. The allegations of the bill and answer, and the substance of the evidence taken, are fully stated in the opinion of the Chancellor, delivered upon the hearing of the motion to dissolve.
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[The bill in this case was filed to obtain an injunction restraining the defendant from closing a road over his lands, in which the complainant claimed a private right of way. The allegations of the bill and answer, and the substance of the evidence taken, are fully stated in the opinion of the Chancellor, delivered upon the hearing of the motion to dissolve. The defendant filed a supplemental answer, charging that since the filing of liis original answer, the complainant had conveyed by deed all his right and title to the land mentioned in his bill, to a third party, whereby he had divested…
1Opinion of the Court
The Chancellor:
The bill in this case claims a private right of way over the lands of the defendant, which must be founded either on grant, or by prescription, which supposes a grant. No actual grant has been shown, or is alleged in the bill, and therefore, if the complainant is entitled to a continuance of the injunction which issued to restrain the defendant from closing up the road, and from interfering with the complainant in the use of it, he must establish his title by proscription.
A user for twenty years exercised adversely and without any thing to qualify it, will afford sufficient…
2Cases cited2 opinions
- Wright v. FreemanCourt of Appeals of Maryland · 1823
- Taylor v. TitusNew York Court of Chancery · 1833
3Cited by4 opinions
- Jay v. MichaelCourt of Appeals of Maryland · 1900
- City of Topeka v. CoweeSupreme Court of Kansas · 1892
- District of Columbia v. RobinsonCourt of Appeals for the D.C. Circuit · 1899
- Metaxas v. J. R. Jarrell Co.Court of Appeals of Maryland · 1933