Mershon v. Walker
Supreme Court of Pennsylvania
Appeal, No. 209, Jan. T., 1905, by plaintiffs, from decree of C. P. No. 4, Pbila. Co., Sept. T., 1901, No. 726, dismissing bill in equity in case of Kate M. Mersbon and Albert H. Mershon, Trustee, v. Annie M. Walker, Executrix and Sole Devisee under the last will and testament of William Weiglitman, deceased. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court. Error assigned among others was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Appellants’ rights in the private alley or court in question, as owners of the adjoining property, are defined in the title under which they hold, as follows: “the common use and privilege of said twenty feet wide court, with or without horses, cattle and carriages,” and, “ of a water course therein.” They have no title and make no claim to the soil. Therefore, while they have standing to complain of any obstruction to or interference with the free and full exercise of the privileges they have in the surface of the court, they cannot have any with respect to any…
2Cases cited2 opinions
- Schmoele v. BetzSupreme Court of Pennsylvania · 1905
- Mershon v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1904
3Cited by12 opinions
- Mercantile Library Co. v. Fidelity Trust Co.Supreme Court of Pennsylvania · 1912
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- Kao v. HaldemanSupreme Court of Pennsylvania · 1999
- National Accident & Insurance v. Workmen's Circle Inc.Supreme Court of Pennsylvania · 1927
- Shore v. FriedmanSuperior Court of Pennsylvania · 1940
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