Ogden v. Grove
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of trespass vi et armis, &c., brought by Henry Grove, the defendant in error, who was the plaintiff below, against David C. Ogden and Samuel Ogden, the plaintiffs in error and defendants below, for the purpose of trying the. right of the plaintiffs to use a certain alley way between two lots of ground, situate on the east side of Third street, in the city of Philadelphia, above Race street.
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Error to the District Court of Philadelphia. This was an action of trespass vi et armis, &c., brought by Henry Grove, the defendant in error, who was the plaintiff below, against David C. Ogden and Samuel Ogden, the plaintiffs in error and defendants below, for the purpose of trying the. right of the plaintiffs to use a certain alley way between two lots of ground, situate on the east side of Third street, in the city of Philadelphia, above Race street. The northernmost of these lots is owned by the plaintiffs in error, and the other by the defendant in error. The plaintiff declared for a…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— A right of way by grant was not much insisted on in this case, nor could it have been with much plausibility. No doubt a right of this sort will pass as an appurtenant, provided it is so in fact. But in the mortgage, which is the foundation of the title of the plaintiff in error, no such right was reserved. In fact, this could not have been done, as the property south of it belonging to the same party, had been previously mortgaged without any reservation of a right of way in favour of that lot. That is the property of the defendants in…
2Cases cited1 opinion
- M'Donald v. LindallSupreme Court of Pennsylvania · 1827
3Cited by14 opinions
- Youst v. Keck's Food Service, Inc.Superior Court of Pennsylvania · 2014
- Graff v. ScanlanCommonwealth Court of Pennsylvania · 1996
- Friedline v. HoffmanSupreme Court of Pennsylvania · 1922
- Commonwealth v. BurfordSuperior Court of Pennsylvania · 1909
- National Forge Co. v. CarlsonSupreme Court of Pennsylvania · 1973
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