Legal Opinion

Welch v. Sheaffer

Superior Court of Pennsylvania

Decided December 10, 1905No. Appeal, No. 169PublishedCited by 2 opinions

Appeal, No. 169; Oct. T., T905, by plaintiff, from decree of C. P. Huntingdon Co., Sept. T., 1905, No. 120, dismissing bill in equity in case of A. S. Welch and Harry Kyper v. W. T. Sheaffer, Henry Shue and James King. Bill in equity for an injunction. Before Woods, P. J. The opinion of the Superior Court states the case. jError assigned was the decree dissolving the injunction and dismissing the bill.

1Opinion of the Court

Oeinion by

Porter, J.,

The plaintiffs filed a bill in equity averring the ownership in fee, by Welch, of a tract of land situate in Shirley township, Huntingdon county, and the possession thereof by his tenant, Kyper; and charging that the defendants had repeatedly and persistently trespassed upon said land, by forcibly breaking *620the fences and driving through a lane which was the exclusive property of the plaintiffs, and that they threatened to forcibly enter said lane and use it continuously. The bill prayed for an injunction, preliminary until hearing and thereafter to be made perpetual,…

2Cases cited8 opinions

  1. Pennsylvania Railroad v. BogertSupreme Court of Pennsylvania · 1904
  2. Manbeck v. JonesSupreme Court of Pennsylvania · 1899
  3. Rhea v. ForsythSupreme Court of Pennsylvania · 1861
  4. Kehler v. SchwenkSupreme Court of Pennsylvania · 1892
  5. Keppel v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1901

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3Cited by2 opinions

  1. Commonwealth v. HoskinsSuperior Court of Pennsylvania · 1915
  2. Kyper v. SheafferSuperior Court of Pennsylvania · 1910

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