Humberston v. Humbert

MONTGOMERY, Judge:

In this equity proceeding to enjoin the defendants from interfering with plaintiff’s use of an alleged easement by prescription over defendants’ land in Henry Clay Township, Fayette County Pennsylvania, the chancellor found in plaintiff’s favor and the defendants appealed to this court.

Two questions are presented to us for decision. Appellants contend that no easement by prescription could have been established because of the Act of April 25, 1850, P.L. 509, Sect. 21, 68 P.S. § 411 1 ; and, secondly, regardless of the Act of 1850, no easement by prescription could be found…