Lord Dunedin.:-

The consolidated appeals are against two judgments of the Royal Court of Guernsey, which dismissed an action for an injunction and an action of damages at the instance of the appellant, Gibbons, against the respondents, Lenfestey and another. The judgment in both actions is the same and dismisses the action as irrelevant. It is not a very convenient position that when an action has been dismissed on pleading alone the actual pleadings are not before their Lordships. They are, however, practically recited — whether textually or not — in the judgment, and there is sufficient to shew that it is not in accordance with justice that the case should have been disposed of without any enquiry into the facts. There were several amendments made, but the pleadings as they finally stand are as follows :-

The appellant and respondents are co-terminous proprietors, the appellant's land being bounded on one side by the high road of Grandes Rocques. The appellant avers that his close of land is situated at a lower level than the high road, but at a higher level than the close of the respondents-

"Lesquelles premisses (the respondents') ont etc., tenues de temps immemorial de recevoir