Tufts v. Copen
West Virginia Supreme Court
I. — Parol license for use of land executed can not be revoked.- — ■ 7 Dana 276; 2 Met. (Ky.) 98; Hill. Inj. § 60; 4 Johns. Ch’y 434; 3 Kent Com. 437; 31 Pa. St. 263; 57 N. Y. 220, 221; 10 Am. Dec. 38, 42 ; 54 Am. Dec. 153; (injunction against violation of a parol license executed) 9 Cent.
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I. — Parol license for use of land executed can not be revoked.- — ■ 7 Dana 276; 2 Met. (Ky.) 98; Hill. Inj. § 60; 4 Johns. Ch’y 434; 3 Kent Com. 437; 31 Pa. St. 263; 57 N. Y. 220, 221; 10 Am. Dec. 38, 42 ; 54 Am. Dec. 153; (injunction against violation of a parol license executed) 9 Cent. Kep. 910; 4 Serg. 241; 52 N. Y. 209, 220. TL — Married Woman is estopped, in equity, where she has received consideration for easement and money has been expended. — 78 Ill. 611; 90 N. Y. 250; 100 Ind. 558; 90 Ill. 174; 71 Pa. St. 436; Big. Estop. (4th Ed.) 581; 84 Pa. St. 521; 1 West. Rep. 253; 93 N.…
1Opinion of the Court
ENGLISH, PRESIDENT :
This was a suit in equity brought in the Circuit Court of Wirt county, bylC. L. Tufts against Majry E. Copen and H. P. Copen, on the 9th day of August, 1890, to enjoin and restrain the defendants from in any manner interfering with his alleged right to the free and uninterrupted use and possession of a certain tramroad, and his operating ears thereon, for the transportation of freight and timber through, along, and upon a certain tract of land owned by said Mary E. Copen.
The facts on which the plaintiff in his bill bases his claims for relief, as set forth in the bill,…
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