(Crew, C. J. absente.)
E contra. For the prescriprion is the ground of a common by vicinage. Aliter when one claims a common appendant. Poph. 201.
Jenkins' case, 1 N.C. 161, 1 Mart. 161 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 161, 1 Mart. 161
Jenkins' case.
Trin. 2 Car.
ONE prescribed that all the occupiers of B. habuere et habere consuevere common, in such a place in Cornwall, ratione vicinagii, and whether this was well pleaded without alledging time out, &c. was the question.
Rolls.
It is not necessary here; because as much is implied. *16221 H. 7. 25. One justified raising, &c. which stopped the common way; it is not necessary to shew that it was the common way, time, &c. for it is implied.