Trustees Mathewson Street M. E. Church v. Shepard

Supreme Court of Rhode Island

Trustees Mathewson Street M. E. Church v. Shepard

46 A. 402, 22 R.I. 112, 1900 R.I. LEXIS 58

DecidedMay 18, 1900

StatusPublished

This text of 46 A. 402 (Trustees Mathewson Street M. E. Church v. Shepard) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trustees Mathewson Street M. E. Church v. Shepard, 46 A. 402, 22 R.I. 112, 1900 R.I. LEXIS 58 (R.I. 1900).

Pincite

Opinion

Per Curiam.

(1) The only title to relief which the complainants state in their bill is the obstruction of the light which would come to their church edifice but for the proposed closing of the strip of land called Comfort street.

(2) The title to an easement in light is not adequately set forth in the bill, and the almost uniform current of authority in this country is that such an easement cannot be acquired by prescription, but only by covenant or special grant. As the complainants show no title to relief, we do not see that they are in a position to question the legality of the proceedings for the abandonment of Comfort street as a public highway. Our opinion is, therefore, that the demurrer should be sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

(1) The only title to relief which the complainants state in their bill is the obstruction of the light which would come to their church edifice but for the proposed closing of the strip of land called Comfort street.

(2) The title to an easement in light is not adequately set forth in the bill, and the almost uniform current of authority in this country is that such an easement cannot be acquired by prescription, but only by covenant or special grant. As the complainants show no title to relief, we do not see that they are in a position to question the legality of the proceedings for the abandonment of Comfort street as a public highway. Our opinion is, therefore, that the demurrer should be sustained.

Cite This Page — Counsel Stack

Bluebook (online)

46 A. 402, 22 R.I. 112, 1900 R.I. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustees-mathewson-street-m-e-church-v-shepard-ri-1900.