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BONDS v. SMITH

No. 8575.

143 F.2d 369 (1944)

BONDS et al. v. SMITH.

United States Court of Appeals District of Columbia.

Decided June 12, 1944.

Attorney(s) appearing for the Case

Mr. Otho D. Branson, of Washington, D. C., with whom Mr. George W. Peterson, of Washington, D. C., was on the brief, for appellants.

Mr. J. Benjamin Simmons, of Washington, D. C., with whom Mr. Scott D. Kellogg, of Washington, D. C., was on the brief, for appellee.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

MILLER, Associate Justice.

The trial court found that appellee and her predecessors in title continuously, openly, notoriously and adversely used for more than twenty years a four foot right of way over a portion of appellants' lot as a means of ingress and egress to a public alley; that appellants wrongfully erected, or caused to be erected, a fence obstructing the right of way. It concluded that appellee was entitled to a mandatory injunction requiring removal of...

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