Gallagher v. Williams

Seitz, Chancellor:

Plaintiffs are owners of properties in Delaware City. Their properties abut on a “private” alley which the de*311fendant has attempted to close on the ground that it is her property and plaintiffs are not entitled to use it.

Plaintiffs seek a permanent injunction declaring that they possess a reasonable-use easement in the alley and enjoining defendant from obstructing such use. Since defendant admittedly owns the fee to the alley, plaintiffs base their claim to an easement on either implication or prescription. Defendant denies that plaintiffs have sustained their right to…