Clad v. Paist
Supreme Court of Pennsylvania
Appeal, No. 554, Jan. T., 1896, by plaintiffs, from decree of C. P. No. 4, Phila. Co., March T., 1895, No. 691, on bill in equity. Bill in equity to restrain the obstructions of a right of way.
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Appeal, No. 554, Jan. T., 1896, by plaintiffs, from decree of C. P. No. 4, Phila. Co., March T., 1895, No. 691, on bill in equity. Bill in equity to restrain the obstructions of a right of way. The case was referred to Hampton L. Carson, Esq., who reported the facts to be as follows : The defendant, Charles Paist, in October, 1889, became the owner of a lot of ground at Devon, Chester county, Penna., with a frontage of four hundred and eighteen and three tenths feet on Waterloo avenue, and with a depth to the eastward of two hundred and twenty-five feet, subject to the condition that the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The learned referee prepared a report in which he recommended a decree 'in conformity with the prayer of the bill. After argument on exceptions to the report he concluded that as the right of way dedicated by the defendant to public use was in Chester county where the plaintiffs resided and the residence of the defendant was in Montgomery county, the court in which the bill was filed had no jurisdiction of the matters complained of in it. He accordingly modified his report and recommended a decree dismissing the bill and dividing the costs between the parties.…
2Cases cited3 opinions
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- Vaughan v. BarclaySupreme Court of Pennsylvania · 1841
- Cotton v. GreenleeTennessee Supreme Court · 1811
3Cited by11 opinions
- Brodt v. BrownSupreme Court of Pennsylvania · 1961
- Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
- Chicago, Rock Island & Pacific Railway Co. v. WynkoopSupreme Court of Kansas · 1906
- Lehigh & New England Railroad v. HanhauserSupreme Court of Pennsylvania · 1908
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