Poole v. First & Merchants National Bank

The estate of W. Tayloe Murphy brought this suit against Frank G. Poole for a declaratory judgment to resolve a controversy between them about a pond known as “Herring Pond” in Westmoreland County.1 The controversy arose because the Murphy estate claims that Herring Pond is private property owned by it in fee *702simple, whereas Poole claims that the pond is public property which he has the right to use and enjoy.

The Murphy estate owns record title to Herring Pond and lands adjoining the Pond on the east and the south, and Poole owns lands adjoining the Pond on the west. Both the Murphy estate’s…