Schuylkill Legal Record Volume . 3; Containing Cases Decided by the Judges of the Courts of Schuylkill County (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...conveyed to John Hughes." In this deed there is no depth beyond the forty feet, the depth of complainant's lot, and no reference to any right of way at the fear of complainant's lot. The complainant has an entrance from the side of his building into the forty foot alley leading from Mahantongo street, which entrance is not interfered with except so as to prevent his going southwardly beyond the forty feet into respondents' premises. The subsequent conveyances unde r which complainant claims title use the same language, and the question thus raised is, can Hughes by his conveyance give any greater right by virtue of the Sheriff's deed of 1850. In order to establish a right of way it is necessary for the party claiming it to show hew and by what way he has acquired it. He cannot acquire such a right by a loose and rambling way of passing ever a lot sometimes one way and sometimes another way. Arnold vs. Cornman, 50 Pa., 361. To establish a private right of way by prescription the lines of the traveled road must be definite. The practices of passing over land in different directions, however, long continued, does not establish a right of way by prescription. Cyclopedia of Law and Practice, Vol. 14, page 1156 and notes. A user, by an individual which is permissive, and it will be so considered unless there is evidence that it was under a claim of right, and the owner, knowing of such claim acquiesced in it, will not create a right of way or an easement. Coff vs. Davenport, 32 N. J. L., 369. If the right of way or easement herewith claimed is by virtue of the conveyance in the line of title, it would go back to the title or deed from the Sheriff in 1859 to Hughes, and to the conditions referred to in said deed as being such under which Samuel Silliman held ...