Marvin v. Tusch

Citations

• 86 Ohio St. (N.S.) 49

Syllabus

<p>One of several owners of alley-way right — Erects building on both sides of alley — Carrying archway over alley — Abutting owner cannot maintain ejectment, when.</p> <p>When pne of several persons, 'owning 'land upon an alley devoted to the purposes of a private right of way in common by all of 4bem, erects a substantial building upon his ground lying on both sides of such alley by carrying his building over the alley by means of an archway, leaving sufficient space for the ordinary uses of such alley and improving the alley for the benefit of all the abutting owners, ejectment cannot thereafter be maintained against him by an abutting owner who had Icnowledge of the improvement at its inception and during its progress, and Who made no objection thereto until after its completion.</p>