Legal Opinion

Hibberd v. Greenstein

Supreme Court of Pennsylvania

Decided February 10, 1919No. Appeal, No. 72PublishedCited by 3 opinions

Appeal, No. 72, Jan. T., 1919, by defendant, from decree of C. P. No. 2, Philadelphia Co., Dec. T., 1917, No. 4598, awarding injunction in case of Anna J. Hibberd and Emma E. Lawrie v. Ignatz Greenstein. Bill in equity for an injunction. Before Wessel, J. Errors assigned were various findings and the decree awarding injunction.

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Appeal, No. 72, Jan. T., 1919, by defendant, from decree of C. P. No. 2, Philadelphia Co., Dec. T., 1917, No. 4598, awarding injunction in case of Anna J. Hibberd and Emma E. Lawrie v. Ignatz Greenstein. Bill in equity for an injunction. Before Wessel, J. Errors assigned were various findings and the decree awarding injunction. Where a party relies on .the statute of limitations to prove a title he must show that he and those under whom he claims entered into possession 'Of the premises under a claim of right and have had actual, adverse, continued, visible, notorious, distinct and hostile…

1Opinion of the Court

Opinion by Mr. Justice Walling,

This is a suit in equity to enjoin defendant from the use of an alleged alley. In 1797 Edward Bonsall became the owner of a tract of land at the southeast corner of Ninth and Race streets, Philadelphia, which fronted thirty feet on the latter street and about sixty feet on the former. Shortly thereafter he subdivided it into four lots, two of the width of fifteen feet each on Race street and extending thirty feet south, and two of the width of twelve and one-half feet each on Ninth street and extending thirty feet east. As a part of this subdivision he…

2Cases cited7 opinions

  1. Richmond v. BennettSupreme Court of Pennsylvania · 1903
  2. Johns v. JohnsSupreme Court of Pennsylvania · 1914
  3. Lindeman v. LindseySupreme Court of Pennsylvania · 1871
  4. Nitzell v. PaschallSupreme Court of Pennsylvania · 1831
  5. Nickels v. Hand in Hand Cornet BandSuperior Court of Pennsylvania · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. STOZENSKI v. Borough of Forty FortSupreme Court of Pennsylvania · 1974
  2. Brady v. YodanzaSupreme Court of Pennsylvania · 1981
  3. Elias v. Scott Et Ux.Superior Court of Pennsylvania · 1948

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