Capone v. Ranzulli

This is a bill for a mandatory injunction, restraining defendant from continuing certain encroachments upon the lands of the respective complainants. It is admitted that the defendant has erected buildings which encroach upon complainants' property.

Defendant alleges that when the cellar was excavated for one building it was found that the proposed building would encroach on land of complainant Petrucellis, and that thereupon Petrucellis gave oral permission to defendant to proceed. This Petrucellis denies. Defendant also alleges that when the other building was about five feet above the…