Home/West Virginia Supreme Court/Moyer v. Martin

Moyer v. Martin

131 S.E. 859, 101 W. Va. 19, 1926 W. Va. LEXIS 134
CourtWest Virginia Supreme Court
DecidedFebruary 9, 1926
Docket5491
StatusPublished
Cited by10 cases

This text of 131 S.E. 859 (Moyer v. Martin) 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
Moyer v. Martin, 131 S.E. 859, 101 W. Va. 19, 1926 W. Va. LEXIS 134 (W. Va. 1926).

Opinion

Lively, Judge:

Tbis controversy is over an easement, a right of way, claimed by plaintiffs over defendants’ lands and denied by defendants. Defendants caused the alleged right of way to be obstructed of free passage by placing a fence across the road; plaintiffs sued to compel its removal and to prevent other obstructions to free passage. Defendants denied that plaintiffs had such easement. Upon the pleadings and evidence the lower court decreed against plaintiffs and dismissed their bill; plaintiffs appeal'.

In- 1911, a partition of the land of Sarah Melton, deceased, containing about 65 acres, was had among her seven children and the heirs of one who had died; and the land was divided into seven parcels, in a chancery suit instituted for that purpose. The-decree of partition provided' that, “The said parties to this litigation shall have a, right of way for ingress and egress over and through said lots of land by the most practicable way to the public road.” Lot No. 1 was decreed to B. F. Melton and is now deeded to L. C. Massey, one of the plaintiffs; Lot No. 7 was decreed to plaintiff C. E. Melton and is now owned by him; Lot No. 6 was decreed to Mary Melton and is now owned by plaintiff Isaac Moyer who obtained his deed in 1923. These plaintiffs claim a right of way over Lots 2, 3, 4 and 5, the first two (Lots 2 and 3) of which were decreed to C. Y. Melton and Syril Melton and are now owned by defendant Walter Hope, by deed of 1915; Lots 4 and 5 were decreed to W. Melton and J. S. Melton and are now owned by defendant Stuart A. Martin, by deed of 1912. The following map taken from the record will simplify the questions arising in the controversy.

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Cite This Page — Counsel Stack

Bluebook (online)
131 S.E. 859, 101 W. Va. 19, 1926 W. Va. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moyer-v-martin-wva-1926.