Rhoads v. Walter
Superior Court of Pennsylvania
Appeal, No. 27, March T., 1915, by defendant, from decree of O. P. Columbia Co., Sept. T., 1914, No. 1, dismissing bill in equity in case of William B. Rhoads v. Henry W. Walter and C. A. Kleim, executor of Henry Kleim, deceased. Bill in equity for an injunction. Demurrer to bill.
Read the full summary
Appeal, No. 27, March T., 1915, by defendant, from decree of O. P. Columbia Co., Sept. T., 1914, No. 1, dismissing bill in equity in case of William B. Rhoads v. Henry W. Walter and C. A. Kleim, executor of Henry Kleim, deceased. Bill in equity for an injunction. Demurrer to bill. The bill averred that C. A. Kleim, executor of Henry Kleim with power of sale, executed on July 31, 1905, a deed to the plaintiff, of certain land described as follows: “Beginning at a point on the southwest side of East street, in the Town of Bloomsburg being the southeasterly corner of lot No. 11, now owned by…
1Opinion of the Court
Opinion by
Kephart, J.,
The question presented in this appeal is whether the averments contained in the appellant’s bill were sufficient in law to sustain it. The court below deemed them insufficient and on demurrer dismissed the bill. The *46controversy arose from the nse as a private alley of a strip of ground ten feet in width and about twenty feet in length. Both Rhoads and Walter, parties hereto, claim under the same grantor. The lots immediately adjoining the alley are severally owned by these parties. Appellant’s deed contained the following calls and boundaries: “Thence......forty-seven…
2Cases cited3 opinions
- Saccone v. West End Trust Co.Supreme Court of Pennsylvania · 1909
- Oliver v. OrmsbySupreme Court of Pennsylvania · 1909
- Sharpless v. WillauerSuperior Court of Pennsylvania · 1909
3Cited by8 opinions
- Taylor v. GrossSuperior Court of Pennsylvania · 1961
- Walker Et Ux. v. WalkerSuperior Court of Pennsylvania · 1943
- Hoover v. FrickanisceSuperior Court of Pennsylvania · 1951
- Leach v. Philadelphia, Harrisburg & Pittsburgh RailroadSupreme Court of Pennsylvania · 1917
- Schmidt v. ForsterSuperior Court of Pennsylvania · 1930
3 more not listed; retrieve them via the Exa API.