CourtListener 7466243•Scriven v. Heyward
Full text
Curia, per
Butler, J.
held that, under the peculiar circumstances of the case, the motion was properly brought up to this- court. And, although the action was not technically .a trespass to try titles, yet it involved' the right to a privilege «or easement that could not well be ascertained without a sur*120vey. It was an action to try titles to an incorporeal hereditament ; and there was no good reason why a survey should not be ordered. The defendant’s motion was therefore granted.
Colcock Sf Hutson for the motion.
Gantt, Richardson, O’Neall and Earle, JJ. concurred.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.