Nature of the Case
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Facts
A doctor (P) moved next door to a confectioner (D), who had produced sweets for sale in his kitchen for many years. P constructed a small shed for the purpose of private practice. The loud noises from D's industrial mortars and pestles could be clearly heard, disrupting his use and enjoyment of his land. P sought an injunction. D contends that he had acquired the right, either at common Law or under the Prescription Act, by uninterrupted user for more than twenty years. The court granted P his relief and D appealed.
Holding and Decision
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Legal Analysis
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