Erb v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 85, to May Term 1871. This was an action of trespass q. c. f., brought August 18th 1868, by Jacob L. Erb against Daniel Gr. Brown and Martin Kline."
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Error to the Court of Common Pleas of Lancaster county: No. 85, to May Term 1871. This was an action of trespass q. c. f., brought August 18th 1868, by Jacob L. Erb against Daniel Gr. Brown and Martin Kline." The defendants pleaded that there was a right in John R. Buch, whose land adjoined the plaintiff’s close, to maintain and repair water-pipes through the plaintiff’s close to convey water on to the said Buch’s land, and they justified as his servants, that they had entered the plaintiff’s close to repair the pipes which were decayed, obstructed, &c. On the 2d of April 1803, Jacob Withers,…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1871, by
Williams, J.
All the assignments of error have been abandoned with the exception of the third, and there is nothing of substance in this assignment. The servitude imposed on the plaintiff’s land for the benefit of the defendant’s estate was created by deed, and under the Statute of Frauds could not be assigned, granted or surrendered unless by deed or note in writing, or by act and operation of law. It could not be extinguished or renounced by a parol agreement between the owners of the dominant and the servient tenement: Dyer v.…
2Cases cited1 opinion
- Curtis v. KeeslerNew York Supreme Court · 1852
3Cited by8 opinions
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- Seward v. New York Life InsuranceSupreme Court of Virginia · 1930
- Weaver v. GetzSuperior Court of Pennsylvania · 1901
- United States v. ZorgerDistrict Court, W.D. Pennsylvania · 1976
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