66 W. Va. 273 | W. Va. | 1909
S. H. Crosier filed a bill against John M. Brown in the circuit court of Monroe county to enjoin Brown from hindering and obstructing Crosier in the use of a private way over land of Brown. A decree refused to dissolve the injunction, and perpetuated it, from which decree Brown appeals.
A demurrer to the bill was overruled. The bill, after alleging the ownership of Crosier of his tract of land and the ownership of Brown of his tract, states that Crosier “is owner of a right of way as appurtenant to his said tract of land over a portion of the land of the defendant, John M. Brown, about 500 yards in length, passing from near the western line of said tract through the western portiop of said John M. Brown tract of land to the public road.” The basis of the claim of Crosier is that by prescription he has title to the easement. Is the above description of the way sufficient? It is the only description in the record.
But if the way were properly defined, the plaintiff is denied
If the claim of way of necessity can be said to be relied on, the answer is that it cannot exist because Brown did not sell Crosier the tract, and also because a public way runs through Crosier’s tract, and in the partition many years ago of a large tract of which Brown’s and Crosier’s tracts were a part, the lots were so laid off as to give outlet from each tract to a public road. Crosier’s tract was so located as to include this public road as its outlet.
Our conclusion is to reverse the decree, dissolve the injunction, and dismiss the bill.
Reversed.