Bussier v. Weekey
Superior Court of Pennsylvania
Appeal, No. 133, Oct. T., 1898, by defendants, from decree of C. P. No. 1, Pbila. Co., Sept. T., 1895, No. 131, in favor of plaintiff. Opinion by Smith, J. Hearing on bill, answer and proofs. Before Brégy, J. It appears from the record that this case was before the Superior Court on appeal and hearing on bill and demurrer reported in 4 Pa. Superior Ct. 69, where that court reversed the decree of the court below sustaining demurrer to the plaintiff’s bill.
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Appeal, No. 133, Oct. T., 1898, by defendants, from decree of C. P. No. 1, Pbila. Co., Sept. T., 1895, No. 131, in favor of plaintiff. Opinion by Smith, J. Hearing on bill, answer and proofs. Before Brégy, J. It appears from the record that this case was before the Superior Court on appeal and hearing on bill and demurrer reported in 4 Pa. Superior Ct. 69, where that court reversed the decree of the court below sustaining demurrer to the plaintiff’s bill. The facts appearing from the bill and answer are as follows : Your oratrix complains and says: 1. That she is the widow of Joseph B.…
1Opinion of the Court
Opinion by
Smith, J.,
The plaintiff and the defendants Weekey, Dade and Noble, held adjoining lots, separated by a fence, extending from Harvey street to Lafayette street. The land in controversy is a strip of the lot held by the plaintiff, about eleven inches wide, adjoining the land held by the defendants. While the plaintiff was in possession of this, the three defendants named entered upon it, without the plaintiff’s consent, removed its retaining walls, on both streets, placed a stone post on the Harvey street front, set the fence back on the lot held by the plaintiff, the width of the…
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