Legal Opinion

Hoffman v. Shoemaker

West Virginia Supreme Court

Decided April 25, 1911PublishedCited by 14 opinions

Appeal from Circuit Court, Mineral County. Suit by Charles S. Hoffman against Charles W. Shoemaker. Decree for plaintiff, and defendant appeals.

1Opinion of the Court

Poffenburger, Judge:

In this suit by a land owner, to enjoin the defendant from the use of a right of way over Ms land, claimed in part by a deed and in part by prescription and long user, the defenses were a former adjudication in favor of the plaintiff and insufficiency of the defendant's evidence to establish the right claimed by him. The decree appealed from, general in form and without indication as to its legal basis, is for the plaintiff and perpetually enjoins the defendant from the use of said right of way.

The plaintiff owns three contiguous tracts of land, adjacent to the…

2Cases cited4 opinions

  1. Lampman v. . MilksNew York Court of Appeals · 1860
  2. Warren v. BlakeSupreme Judicial Court of Maine · 1866
  3. Dickinson v. MankinWest Virginia Supreme Court · 1906
  4. Clark v. DowerWest Virginia Supreme Court · 1910

3Cited by14 opinions

  1. Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
  2. Sally-Mike Properties v. YokumWest Virginia Supreme Court · 1985
  3. Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
  4. Burling v. LeiterMichigan Supreme Court · 1935
  5. Cobb v. DaughertyWest Virginia Supreme Court · 2010

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