Kraut's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity : Of July Term 1871, No. 68. The bill was filed at December Term, 1869, of the Common Pleas, by John Gr. Kraut against William Fox, Rachel Fox, John Nace and Sarah Nace: afterwards Matthew Craig was added as defendant.
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Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity : Of July Term 1871, No. 68. The bill was filed at December Term, 1869, of the Common Pleas, by John Gr. Kraut against William Fox, Rachel Fox, John Nace and Sarah Nace: afterwards Matthew Craig was added as defendant. The bill averred that on the 14th of July 1859, Frederick Fox conveyed to the plaintiff a messuage and lot of ground on the south-westerly side of Savery street in Philadelphia, and extending south-westerly 60 feet, bounded on the north-east by Jacob Kurtz; south-west by other land of Fox; south-east…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
Under the deed of Frederick Fox, of July 14th 1859, the appellant is clearly entitled to a passage-way, from the premises thereby conveyed, over and across the grantor’s remaining ground to Marlborough street, for the purposes specified in the conveyance. The right of way is expressly granted, but its precise location and limits are not fixed and defined by the deed. Looking to the general terms of the grant and the condition of the ground at the date of the deed, the reasonable construction and inference would seem to be, that the parties…
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