Washburn's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 5. Bill in equity, by F. W. Mott and Harriet, his wife, in her right, against Nicholas Washburn and Maria, his wife, praying for an injunction to restrain the defendants from entering upon or passing over a certain lane, and from entering upon and taking possession of a certain strip or parcel of land, in the possession of the complainants, and for a decree to settle and quiet the…
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Appeal from the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 5. Bill in equity, by F. W. Mott and Harriet, his wife, in her right, against Nicholas Washburn and Maria, his wife, praying for an injunction to restrain the defendants from entering upon or passing over a certain lane, and from entering upon and taking possession of a certain strip or parcel of land, in the possession of the complainants, and for a decree to settle and quiet the complainants’ alleged title to the premises in question. A demurrer to the bill was overruled, and ah answer was filed, wherein…
1Opinion of the CourtJustice Clark
The only question raised upon this record is, whether or not a case within equity jurisdiction is therein presented.
The bill sets forth that the complainants are the owners, in fee simple, of certain real property in the city of Scranton, extending from Main street, on the south, • to Hyde Park avenue, on the north, known as the Calvin Washburn lot, upon the western side of which is an alley sixteen feet wide, leading from Main street into and over the said property; that the respondents own and occupy the property adjoining on the west, known as the Nicholas Washburn lot; that the…
2Cases cited2 opinions
- Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
- Woods v. GreenOhio Supreme Court · 1834
3Cited by18 opinions
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- O'Neil v. McKeesportSupreme Court of Pennsylvania · 1902
- Maier v. Walborn HighSuperior Court of Pennsylvania · 1924
- Pennsylvania Co. v. Ohio River Junction RailroadSupreme Court of Pennsylvania · 1903
- Coward v. LlewellynSupreme Court of Pennsylvania · 1904
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