Cope v. Grant
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. April 10. This was an action of trespass to try the plaintiff’s right to the use of the twelve feet wide alley, on. the annexed plan, which shows the relative situation of the property of both parties. The trespass was an obstruction to the entrance into the alley from Walnut street.
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Certificate from the Nisi Prius. April 10. This was an action of trespass to try the plaintiff’s right to the use of the twelve feet wide alley, on. the annexed plan, which shows the relative situation of the property of both parties. The trespass was an obstruction to the entrance into the alley from Walnut street. In 1796, Forbes being the owner of the whole'lot, mortgaged a portion fifty-eight feet on Water street, extending east that width twenty feet, then widening to seventy-three feet, and extending that width to low water-mark. In 1801, judgment was confessed on a sci. fa. upon this…
1Opinion of the CourtGibson, C. J.
The principle of this case is so fully *491developed in Kirkham v. Sharp, 1 Whart. 323, that I will not further discuss it. It was there said that an owner of ground, who builds houses on a court laid out by him for their use, ipso facto annexes it to the houses; and that he retains the bare legal title to the soil in trust for the tenants. It follows that his grantee of the legal title, or any one claiming under him, stands in the same predicament; and what is the defendant in such case but such a trustee, except that, as a part owner of the original lot, he holds a part of the beneficial…
2Cases cited1 opinion
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Carroll v. AsburySuperior Court of Pennsylvania · 1905
- Ulrich v. Wm. S. and Alice GrimesSuperior Court of Pennsylvania · 1927
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- Shore v. FriedmanSuperior Court of Pennsylvania · 1940
- Drake v. RowanMissouri Court of Appeals · 1925