Legal Opinion

Levin v. Houck

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 27Published

Appeal, No. 27, March T., 1910, by plaintiff, from decree of C. P. Pike Co., Oct. T., 1908, No. 2, dismissing bill in equity in case of Isidor Levin v. John D. Houck. Bill in equity for an injunction.

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Appeal, No. 27, March T., 1910, by plaintiff, from decree of C. P. Pike Co., Oct. T., 1908, No. 2, dismissing bill in equity in case of Isidor Levin v. John D. Houck. Bill in equity for an injunction. Staples, P. J.,' found the facts to be as follows: ' This case came on to be heard by this court sitting in equity, on bill and answer, and, acting under the practice in a case of this kind, where the facts, as alleged, are not denied, or disputed, the court finds that on June 30, 1904, John D. Houck, the defendant, above named, conveyed to the plaintiff, his heirs and assigns, two certain lots…

1Opinion of the Court

Opinion by

Henderson, J.,

This case was heard on bill and answer and the solution of the question involved is to be arrived at by the construction given to the reservation or exception in the deed from the defendant to the plaintiff for the land on which the spring is situated. Prior to that conveyance the defendant had maintained a line of pipe from the spring to the premises where he resided and the substance and essence of the reservation is that the grantor did not part with the water right there existing but on the contrary guarded *386against its impairment or diminution by the restrictions,…

2Cases cited4 opinions

  1. Corey v. Edgewood BoroughSuperior Court of Pennsylvania · 1901
  2. Woodring v. HollenbachSupreme Court of Pennsylvania · 1902
  3. Cress v. VarneySupreme Court of Pennsylvania · 1851
  4. Davis v. HamiltonSuperior Court of Pennsylvania · 1898

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