Lybe's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of .Common Pleas of Lancaster county: In Equity: Of January Term, 1884, No. 388. This was an appeal by Eli Lybe and Laura M., his wife, and M. B. Eshleman and Annie, his wife, from a decree of said court dismissing a bill in equity filed by them against Rudolph 5. Herr, praying for an injunction to restrain the defendant from digging a well on his own land, whereby the subterranean flow of water was cut off from a certain spring upon defendant’s land,…
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Appeal from the Court of .Common Pleas of Lancaster county: In Equity: Of January Term, 1884, No. 388. This was an appeal by Eli Lybe and Laura M., his wife, and M. B. Eshleman and Annie, his wife, from a decree of said court dismissing a bill in equity filed by them against Rudolph 5. Herr, praying for an injunction to restrain the defendant from digging a well on his own land, whereby the subterranean flow of water was cut off from a certain spring upon defendant’s land, in which the complainants had an easement to obtain a flow of water through pipes to their land. An answer was filed, and…
1Opinion of the CourtJustice Gordon
In the deed of Peter Lightner’s executors to Rudolph S. Herr, the appellee and defendant below, there was nothing reserved but a right, in favor of the devisees of the tract of land adjoining, tract No. 1, on the west, “ to conduct water from the spring on No. 2 to the said premises, and to enter upon the said No. 2 for the purpose of laying and repairing pipes, and keeping the spring in proper condition for the conveyance of the water.” This is the limitation of the reserved easement, and beyond it there can be no presumption in favor of the grantors. We agree with the learned Master that in…
2Cited by11 opinions
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- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Barclay v. AbrahamSupreme Court of Iowa · 1903
- Williams v. LadewSupreme Court of Pennsylvania · 1894
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