21 S.E. 478 | Va. | 1895
delivered the opinion of the court.
Benjamin Jones filed his bill in the circuit court of Augusta county making Adda K. Depriest defendant, and stating that he is the owner of a certain house and lot in the town of Mt. Sidney, in the county of Augusta, bounding upon a 16-foot alley running west of and parallel to the Yalley turnpike, the principal street of the town ; that this alley was laid off and was upon the plat of the town when it was originally incorporated ; that until recently he has had ingress and egress to and from his lot over the premises of the adjoining public school, but, the • school property having been inclosed, he is cut off from its further use. He avers that the alley is now open its whole length, as laid out on the maps of the town, except in the rear of lots 40 and 41, which belong to the defendant, who persists in keeping it closed, thus shutting the plaintiff out from all enjoyment of his right to use the alley aforesaid as a public highway ; and being thus, as he claims, unjustly deprived of his right, he prays that the defendant may be enjoined from interfering with his use of the alley, and for such other and general relief as the nature of his case requires. The defendant answers under oath, and denies every material allegation of the bill. She avers‘that she purchased the lot in question by deed from Dinkel and wife, in 1885 ; that at the time of the purchase there was no alley in the rear of the premises, and, as she is informed and believes, had never been, such an alley as plaintiff claims, or any alley whatever ; that, on purchasing the property, she employed competent counsel to examine the title, and the abstract of title was submitted to her running back to one George Sampson, who on March 3, 1835, conveyed the lot to» William Gambill, from whom she deduces her title]; and that during all that time the property has been fenced just as it was at the time the bill was filed; Numerous depositions were taken by both parties. It does not appear when the town of Mt. Sidney was first incorporated, but it is