Tunstall v. Christian
Supreme Court of Virginia
Appeal from decree of corporation court of Lynchburg, rendered August 1st, 1882, in a chancery suit wherein Caxnillus Christian, trustee for Mary I). Christian, and Mary P. Davis and als. were complainants, and A. A. Tunstall, trustee for Mary M. Brooks and als. were defendants.
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Appeal from decree of corporation court of Lynchburg, rendered August 1st, 1882, in a chancery suit wherein Caxnillus Christian, trustee for Mary I). Christian, and Mary P. Davis and als. were complainants, and A. A. Tunstall, trustee for Mary M. Brooks and als. were defendants. In 1820 two adjoining lots in Lynchburg, on each whereof was a light, two-story wooden building, were owned by John Lynch. lie conveyed one to his son-in-law, Alexander Liggatt, the father of Mrs. Brooks, one of the appellants. lie devised the other to his daughter, Mrs. Zolinda Davis, Tinder whom the appellees claim.…
1Opinion of the Court
Lewis, T\,
delivered the opinion of the court.
The questions to he determined are — first, whether the ap-pellees have acquired, by prescription, the right to lateral support for their building from the adjoining soil of the appellants; and if not, then second, whether such right has been acquired by implication.
1. It is well settled that the right to support for land from the adjacent and subjacent soil is a natural right, analogous to the flow of a natural river or of air. It stands on natural justice, and is not dependant upon grant; and for an invasion of the right an action is maintainable…
2Cases cited18 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
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3Cited by17 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Stearns v. City of RichmondSupreme Court of Virginia · 1892
- Kunst v. City of GraftonWest Virginia Supreme Court · 1910
- Christensen v. MannWisconsin Supreme Court · 1925
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