¶1The cause being submitted without argument, Judge Roane pronounced the Court’s Opinion, that the said Decree be reversed with costs; and (Barton having died since the appeal, whereupon his executors had been made parties by scire facias,) that a decree be entered injoining the appellees, and «those claiming under them, to remove “ all and every obstruction or obstructions, by them op- “ posed, by inclosures or otherwise, to the free and full “ use, by the appellant, his heirs and assigns, of the “ streets specified in the plat and survey of Bartholomew “ Fuller, filed as an exhibit in this cause, and open the “ said streets to the free and full use of the said appel- “ lant, his heirs and assigns; and that they permit the “ said appellant, his heirs and assigns ever thereafter to “ enjoy the use of the said streets, without future let, hindrance or molestation.”
6 Va. 306
Brooke v. Barton
Decided February 25, 1819
Supreme Court of Virginia · decided 1819-02-25
AN agreement under seal was entered into, on the ~.8tb of June 1804, between Seth Barton and Francis `P. Bretike, by which the former covenanted to make to the latter, a good, legal and quiet title, in and to six lots or parcels of land, numbered 5, 6, 23, 24, 25, and 26, in the plat made by Bartholomew Fuller, extending' the Streets of Fredericksburg, according to the said plat, includiug the use of the Streets and appurtenances tliereiu mentioned, to the snid Francis `P.…
Decided 1819-02-25