Home/West Virginia Supreme Court/Huddleston v. Deans

Huddleston v. Deans

21 S.E.2d 352, 124 W. Va. 313, 1942 W. Va. LEXIS 82
CourtWest Virginia Supreme Court
DecidedApril 11, 1942
Docket9208
StatusPublished
Cited by11 cases

This text of 21 S.E.2d 352 (Huddleston v. Deans) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huddleston v. Deans, 21 S.E.2d 352, 124 W. Va. 313, 1942 W. Va. LEXIS 82 (W. Va. 1942).

Opinions

Lovins, Judge:

A. L. and Sallie Huddleston instituted this suit in the Circuit Court of Fayette County as property owners in Block No. 10 in the City of Montgomery against other property owners in the same block, to require defendants to remove certain designated obstructions from an alleged alley, and to perpetually enjoin the further obstruction thereof. This appeal is prosecuted to an order of the Circuit Court denying the relief prayed for and dismissing plaintiffs’ bill, after submission of the cause on bill, answer and depositions.

The land here involved, as well as a greater part of the land upon which the City of Montgomery is now situated, was owned prior to 1879 by James Montgomery. In that year, at the instance of James Montgomery or his heirs, the same was. laid out in about fifty blocks and several hundred lots by I. J. Settle, a civil engineer, and called Coal Valley City. On the Settle map, streets and alleys were provided so that each lot fronted on a street, with a twelve-foot alley extending through the block and in the rear of each lot. The Settle map was revised in the year 1919 by H. A. Gentry, and a copy of the revision recorded in the offic ;• of the County Clerk of Fayette County in the year 1922. The community did not expand to any great extent until about 1912, but since that time the growth thereof has been such that the original Montgomery land is now practically occupied by residences and business buildings, the population of the municipality being now about three thousand.

Block No. 10 was designated as such in the Settle and Gentry maps and is bounded, as originally, by Fourth Avenue on the North, Adams Street on the East, Third Avenue on the South, and Madison Street on the west. A map of Block No. 10 was prepared in 1937 by E. B. Roeser,

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Bluebook (online)
21 S.E.2d 352, 124 W. Va. 313, 1942 W. Va. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huddleston-v-deans-wva-1942.