Legal Opinion

Lewis v. Carstairs

Supreme Court of Pennsylvania

Decided February 1, 1841PublishedCited by 9 opinions

Error to the District Court for the City and County of Philadelphia, to remove the record of an action of trespass quare clausum fregit, &c., brought by James Carstairs against Lawrence Lewis and William P. Blight, executors of the will of George Blight, deceased, Sarah Care, Hannah Care, Martha Care, William Wharton, and P. E. Fontanges.

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Error to the District Court for the City and County of Philadelphia, to remove the record of an action of trespass quare clausum fregit, &c., brought by James Carstairs against Lawrence Lewis and William P. Blight, executors of the will of George Blight, deceased, Sarah Care, Hannah Care, Martha Care, William Wharton, and P. E. Fontanges. The action was brought to try the right of the defendants to use as a water-course, passage or otherwise, a certain alley laid down in the following diagram. The controversy arose out of the following circumstances: On the 10th of January, 1809, Edward…

1Opinion of the Court

The opinion of the court was delivered by -

Gibson, C. J.

Two principal subjects of direction are comprised in the assignment of errors,—Mr. Burd’s reservation of a right in the alley for himself and his grantees, subsequently confirmed by the plaintiff,—and the defendants’ adverse enjoyment of.the alley, in connexion with their contribution to the expense of keeping it in order, on a common understanding that all were liable for their proportion of it.

By the conveyance in which the reservation is contained, Mr. Burd granted to Mr. Sims a lot butting on an alley, of which Mr. Burd had then the…

2Cases cited1 opinion

  1. Watson v. BiorenSupreme Court of Pennsylvania · 1814

3Cited by9 opinions

  1. Schmoele v. BetzSupreme Court of Pennsylvania · 1905
  2. Kanefsky v. Dratch Construction Co.Supreme Court of Pennsylvania · 1954
  3. Walker Et Ux. v. WalkerSuperior Court of Pennsylvania · 1943
  4. Thompson v. Germania Life InsuranceSupreme Court of Minnesota · 1906
  5. Shore v. FriedmanSuperior Court of Pennsylvania · 1940

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