Transue v. Sell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 268. This was an action on the case by William Sell against Reuben Transue to recover nominal damages for the obstruction by the defendant of an alley which the plaintiff claimed was appurtenant to his lots in South Bethlehem. Plea, not guilty.
Read the full summary
Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 268. This was an action on the case by William Sell against Reuben Transue to recover nominal damages for the obstruction by the defendant of an alley which the plaintiff claimed was appurtenant to his lots in South Bethlehem. Plea, not guilty. On the trial, before Schuyler, J., the plaintiff proved title to a tract of land, including the locus in quo, in Augustus Wolle, and deduced title in himself to three lots numbered 5, 7 and 9, situate on the west side of Northampton avenue, north of Second street, now…
1Opinion of the CourtChief Justice Mercur
It is well settled law that on the sale of a lot bounded by a street, the title passes to the centre of the street, if the grantor had title to the land covered thereby, unless he reserved it either expressly or by clear implication. Paul v. Carver, 2 Casey, 223; Cox v. Freedley, 9 Casey, 124; Trutt v. Spotts, 6 Norris, 339; Spackman v. Steidel, 7 Norris, 453.
When one, who is the proprietor of the portion of the town in which the lands lie, sells and conveys the lots according to a plan which shows them to be on a street or alley, it creates an implied covenant of the existence of the street…
2Cited by23 opinions
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- O'Donnell v. PittsburghSupreme Court of Pennsylvania · 1912
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
18 more not listed; retrieve them via the Exa API.