Legal Opinion · Dissent

Whitmore v. Margaret Paxton Memorial for Convalescent Children

Court of Appeals of Virginia

Decided December 6, 1928Published

1DissentChristian, J.

This is an appeal by the defendants, Joseph S. Whitmore and Horace C. Littlejohn from a decree of the Circuit Court of Loudoun county perpetually enjoining and restraining them from using a certain driveway through the land of the plaintiff, Margaret Paxton Memorial for Convalescent Children, a corporation.

*1029The facts upon which this decree is based are practically uncontrovérted. For many years — indeed for fifty years or more — there had been maintained by Mrs. Rachel A. Paxton, deceased, and her husband, her predecessor in title, a roadway from her residence known as “Carlheim” to the…

2Cases cited5 opinions

  1. Scott v. MooreSupreme Court of Virginia · 1900
  2. Mitchell v. SeipelCourt of Appeals of Maryland · 1880
  3. Stein v. DahmSupreme Court of Alabama · 1893
  4. Eby v. ElderSupreme Court of Pennsylvania · 1888
  5. Hancock v. ThornhillSupreme Court of Virginia · 1916

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