Sagerson v. Nathan Realty Co.

Opinion by

Mr. Justice Simpson,

Some time prior to 1860, the owner of a tract of land, then forming part of the borough, now the City of Johns-town, prepared and recorded a plan of the property, showing its division into lots fronting on plotted streets and alleys. Among the latter was Ebbert Alley, which, by an ordinance of the borough, dated July 27, 1860, was lengthened and declared to be a public highway. The parties agree that thereafter it had to be kept perpetually open for the use of the public. The Nathan Realty Company, one of the defendants (hereinafter called the defendant), is the…