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This section contains the nature of the case and procedural background.

P erected a stone wall in order to replace the natural support that P had to his lot prior to changes made by D. P asked D to erect the wall but D refused but P stated to D that he would build the wall. D eventually relented and gave P permission to build the wall by letter. P affirmed the permission with a letter the same day. P built a wall of flat, ordinary building stone not packed into regular courses, nor dressed at all and without mortar or cement. D did not see the wall while it was being built. Two weeks after completion of the wall, D notified the attorney of P who had demanded a deed for the two feet of land promised in D's letter, that he had not agreed to give two feet of land to P and that the wall was not built according to the understanding between the parties and that he intended to tear it down. The matter was tried on the premise that D had a license to build the wall and that this conferred upon him a right in equity in the nature of an easement. The trial judge found for P and D appealed.

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