Benner v. Pollard
Superior Court of Pennsylvania
Appeal, No. 113, Oct. T., 1912, by defendant, from decree of C. P. No. 1, Phila. Co., Dec. T., 1910, No. 5,092, on bill in equity in case of Samuel T. Benner v. Augustus T. Pollard. Bill in equity for an injunction. Before Magill, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 113, Oct. T., 1912, by defendant, from decree of C. P. No. 1, Phila. Co., Dec. T., 1910, No. 5,092, on bill in equity in case of Samuel T. Benner v. Augustus T. Pollard. Bill in equity for an injunction. Before Magill, J. The facts are stated in the opinion of the Superior Court. The final decree was as follows: And now, to wit, May 10, 1912, this came on to be further heard at this term upon the defendant’s exceptions to the adjudication, and was argued by counsel, and upon consideration thereof, it is ordered, adjudged and decreed as follows, viz.: First. The exceptions are…
1Opinion of the Court
Opinion by
Henderson, J.,
The bill filed by the plaintiff asks for an injunction to restrain the defendant from maintaining windows in what the former alleges to be a party wall on the line between his property and the defendant’s, and from trespassing in the respects set forth in the bill on the plaintiff’s property. The plaintiff is the owner of lot No. 224 having a front of twenty feet on 15th street in Philadelphia. The defendant is the owner of lot No. 1501 Locust street abutting at the north end on the plaintiff’s lot. These lots were at one time the property of Briton Corlies who…
2Cases cited5 opinions
- Pile v. PedrickSupreme Court of Pennsylvania · 1895
- Mercantile Library Co. v. University of PennsylvaniaSupreme Court of Pennsylvania · 1908
- Benner v. CassattSupreme Court of Pennsylvania · 1912
- Roberts v. ByeSupreme Court of Pennsylvania · 1858
- Voight v. WallaceSupreme Court of Pennsylvania · 1897
3Cited by3 opinions
- Sobien v. MullinSuperior Court of Pennsylvania · 2001
- McClernan v. GreenbergSuperior Court of Pennsylvania · 1935
- Aquilani v. Daub, Pennsylvania Court of Common Pleas, Montgomery County1952