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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 386   View pdf image (33K)
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386 HIGH COURT OF CHANCERY.
"1. That the lien of the judgment was not lost with the right
to issue an immediate execution as had been announced by the
Chancellor, in 3 Bland, 298, and the lien remained for twelve
years.
"2. That when the debtor alienated lands, subject to the lien
of a judgment, before the right to issue an immediate execution
was suspended, that is, within three years from the date of the
judgment a scire facias was unnecessary to affect the terre-
tenants.
"3. But where a scire facias was necessary to revive the
judgment, whether by death or lapse of years, it was necessary
against all the terre-tenants, whose lands were to be affected by
the judgment."
These propositions were assented to by all the judges present
at the argument of the case of Doub vs. Barns, consisting of
Archer, C. J; Dorsey, Chambers, Spence and Magruder, J.
A. RANDALL, for Complainants.
JAMES STEELE, for the Petitioners.
ARTHUR PUE
vs. SEPTEMBER TERM, 1848.
HENRY H. PUE.
[RIGHT OF WAT——PRESCRIPTION——PRACTICE IN CHANCERY——EVIDENCE.]
A PRIVATE right of way over the lands of another must be founded either on
grant or by prescription which supposes a grant.
A user of a right of way for twenty years, exercised adversely and without any
thing to qualify it, will afford sufficient ground for the presumption of a grant.
But if the enjoyment can be referred to the leave or favor of the party over
whose lands the right of way is claimed, or can be placed upon any other
footing than a claim or assertion of right, it will repel the presumption of a
grant.
A right of way once established by prescription or by grant, cannot be extin-
guished by a parol agreement.
But where an attempt is made to make out a title by prescription founded
upon an adverse and uninterrupted user for a series of years, it is competent

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 386   View pdf image (33K)
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