Heiges v. Baum
Superior Court of Pennsylvania
Appeal, No. 95, October T., 1918, by defendant, from decree of O. P. Clearfield County, September T., 1911, No. 6, in equity in case of J. H. Heiges v. W. C. Baum. Bill in equity for an injunction to restrain the closing of an alley. Before Whitehead, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The court awarded an injunction. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal by the defendant from the decree of the court below restraining him from fencing or in any manner obstructing an alley upon which the property of the plaintiff abutted. The defendant acquired title to a tract of land containing two acres in the Borough of DuBois, in the year 1881, under the will of his mother; he was at that time a minor and Fred Tracy was his duly appointed guardian. In 1883, Tracy, the guardian, presented his petition setting forth the ownership by his ward of the tract of land in question, that the ward had no personal estate to pay…
2Cases cited1 opinion
- Jacoby v. McMahonSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Thompson TrustSupreme Court of Pennsylvania · 1943