Caruthers v. Peoples Natural Gas Co.

Opinion by

Kenworthey, J.,

The appeal is from a decree dismissing a bill in equity. Appellant sought a mandatory injunction to compel appellee to remove a ten-inch pipe line laid through and across his property, to fill up the ditch, repair the property, replace the trees destroyed and put the property in its original condition. In dismissing the bill, the court certified the case to the law side and directed him to proceed against appellee in an action of trespass.

Appellant acquired the property subject to an agreement of record dated July 11, 1906, between his predecessors in title and…