Zell v. Universalist Society
Supreme Court of Pennsylvania
ERROR. TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 278 January Term 1887, Sup. Ct.; court below, No. 28 August Term 1884. On June 17,1884, a summons in case was issued by the First Universalist Society of Berks county against Thomas Zell, charging the obstruction of an easement of way claimed over a strip of ground five feet wide owned by the defendant, the obstruction complained of being the projection by the defendant in 1888 of a terra-cotta drain-pipe from the rear…
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ERROR. TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 278 January Term 1887, Sup. Ct.; court below, No. 28 August Term 1884. On June 17,1884, a summons in case was issued by the First Universalist Society of Berks county against Thomas Zell, charging the obstruction of an easement of way claimed over a strip of ground five feet wide owned by the defendant, the obstruction complained of being the projection by the defendant in 1888 of a terra-cotta drain-pipe from the rear of his lot 15 inches into the locus of the easement. Thomas Zell having died, Josephine Zell et al., his executors,…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
If the right of the plaintiffs below to the use of the alley in controversy depended upon an express grant in their deed, •such right could not be successfully claimed, for no such grant appears. Nor could such use be claimed from necessity, for no necessity exists, the plaintiffs having access to the lot purchased from the administrator of James M. Lewis, over other ground of their own fronting on Franklin street. If the right to the use of the alley exists at all, it is by virtue of its being appurtenant to the lot purchased of the Lewis estate.
Upon this question…
2Cases cited3 opinions
- Cannon v. BoydSupreme Court of Pennsylvania · 1873
- Overdeer's Administrator v. UpdegraffSupreme Court of Pennsylvania · 1872
- Seibert v. LevanSupreme Court of Pennsylvania · 1848
3Cited by23 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Ciski v. WentworthOhio Supreme Court · 1930
- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Spaeder v. TabakSuperior Court of Pennsylvania · 1952
- Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
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