Hackett v. Sickle

When this action in equity came before the chancellor for trial, he received no evidence. Instead, the chancellor entered an order which summarily dismissed the complaint. The plaintiff appealed. We reverse and remand for further proceedings.

George Hackett commenced an action to enjoin his neighbors, David and Judith Sickle, from using the sewer lateral on Hackett’s land to carry Sickle sewage to the public sewer line in Market Street, Sunbury. The Sickles filed an answer *29and counterclaim in which they alleged that they had an easement, either by grant or prescription, to use the lateral line…