Carelli v. Lyter

Opinion by

Mr. Justice O’Brien,

Appellees commenced an action in equity seeking to enjoin appellant from trespassing upon and interfer ing with, appellees’ use of their land. The chancellor made an adjudication and entered a decree nisi granting the relief prayed for in the complaint. This appeal followed the dismissal of appellant’s exceptions and the entry of a final decree in accordance with the decree nisi. At oral argument, this court requested counsel to file supplemental briefs on the issue of the propriety of proceeding in equity.

We agree with the appellant that “the kernel of the…