Maier v. Walborn High

Opinion by

Keller, J.,

This is an appeal from a decree dismissing a bill in equity filed to enjoin defendants from using a ten-feet-wide alley bounding the plaintiff’s property on the west. The bill, in substance, averred that the alley had been laid out many years before to be used exclusively by the abutting owners on the east and west; and that defendants were unlawfully using the same, in connection with an extension to the alley at its southern end, as a means of access to their respective garages. The court below based its dismissal of the bill on two grounds: (1) That the plotting and…