Hennen v. Deveny
West Virginia Supreme Court
Appeal from Circuit Court, Marion County. Suit in equity by T. Wilbur Hennen against Thomas A. Deveny. Prom a decree for plaintiff, defendant appeals.
1Opinion of the Court
Williams, Judge:
The circuit court ’of Marion county perpetually enjoinéd defendant from erecting a building on his lot, within ten feet of the line of plaintiff's lot, holding" that plaintiff had an easement upon said strip of ground; and defendant has appealed.
In the year 1857, James Burns, being the owner of a lot of ground in the town of Fairmont, conveyed to certain named trustees of the Methodist Episcopal Church 40x70 feet of it, fronting on Adams street; and covenanted with said trustees, “and their successors in office that no building shall be erected on any part of the land…
2Cases cited4 opinions
- Phoenix Ins. Co. v. . Continental Ins. Co.New York Court of Appeals · 1882
- Lydick v. B. & O. R. R.West Virginia Supreme Court · 1880
- Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880
- Herrick v. MarshallSupreme Judicial Court of Maine · 1877
3Cited by16 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- Harris v. PeaseSupreme Court of Connecticut · 1949
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