Property Keyed to Saxer
Cameron v. Barton
In 1931, Plaintiff acquired a lot that faced North Street. In 1950, the State Highway Department (Defendant) acquired a lot behind Plaintiff’s lot, and built a highway garage on it. Originally, the Defendant’s lot was known as the Slaughter House Lot. The original owner of both lots granted a passway right by conveyance for the benefit of the Slaughter House Lot. The owner of the slaughterhouse used the passway to transport animals and products. When the property was later used for farming purposes, the passway was used to transport farm machinery and crops. The original deed of conveyance is lost. Thus, the exact nature of the easement is unknown. Plaintiff’s deed merely states that the right of passway leads from the Slaughter House lot to North Street. The Defendant has used the passway as part of its garage operations. Plaintiff sued to enjoin the Defendant from using the passway. The Chancellor dismissed the petition.
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