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;A H-LTHEAO APPEAL CASE. I

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A H-LTHEAO APPEAL CASE. I t On Tuesday, before Mr Justice Oiuumell and Mr Justice Bucknill, sitting as a Divisional Court in the Queen's Bench Division, the case of Evans T. Adteane came on for argument. Mr Itawlin- son, Q.O., and Mr Williams (instructed by Messrs Lloyd Griffith and Williams) appeared for the ap- pellant, and Mr Horridge (instructed by Mr it E. Pritchard) for the respondent. Mr Hawlimon said this was an appeal by the defen- dant, Miss Adeane, from a decision of the County Court judge of Anglesey sitting at Holyhead. The point in dispute was whether or not the de- fendant, against whom the judge had given judg- ment, with nominal damages of £2 end costs, had a right of way over a particular small strip ( of land. The property in question belonged ori- finally to a man ramed, Jones, and in 1884 Miss Adeane bought from him certain property des- eribed on a pian produced). Mr Justice Channel! asked whether the case had been before the Court previously, aB he thought he recognised the plan. Mr Rawlinson said it had, but on a totally different point, and their lordships ordered a new trial in that ease, which wr.s decided in favour ( of Miss Adeane, she being the plaintiff then. The present action was brought against Miss Adeane in reference to acts over the same strip of land. She daÃmcda right of way along a back road, and the present plaintiff said by walking or riding along it she was committing a trespass. Jones owned this back rond as well, and Miss Adeane's contention was that when she bought lots 1, 2, 3, 4, 5, 6, and 8, she necessarily bought the right of way over the back road by which access was had to these lots. If that were not tio, there would he no access to lot 8. Miss Adeane had used this right of way since 1894, and in 1898 she came into dispute with Evans in Teference to the boundary of the back road, and an action for trespass was taken by Miss Adeane, -with the result that she was successful in pre- venting Erans trespassing ou the back road. Jikans then went to Jones, amd bought the free- hold of tho land, and corrunenced an action against Miss Adeane for using this bit of land. Her eon- f-ention was that her conveyance from Jones im- plicitly granted a right of way over this land, t)ut the Uounty Court judge said there was no jou,ch grant, as the conveyance did not mention any right of way, and the plan attached did not mark the back road like the plan on which defen- dant bought from Jones. MT Horridge argued in support of the judgrc-ent that the conveyance to appellant did not include this right of way. After considerable discussion, their lordships dismissed the appeal with costs, and leave to appeal was granted.

SABNABVON BWRD OP GTTAIMIANS.,

I SERIOUS OBAMZ 07 ASSAULT…

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BANS OR HBBEEW OOKBEEOATIOIT.

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