Glinn v. Silver
Superior Court of Pennsylvania
Appeal, No. 133, April T.,.1916, by plaintiff, from decree of C. P. Allegheny Co., April T., 1915, No. 1352, dismissing bill in equity in case of Morris Glinn v. Pearl Silver and Louis Silver. Bill in equity for a mandatory injunction. Carpenter, J., found the facts to be as follows: First. The plaintiff and Pearl Silver, one of the defendants, own adjoining lots fronting on Erin street and extending through Seal street, in the City of Pittsburgh. Second.
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Appeal, No. 133, April T.,.1916, by plaintiff, from decree of C. P. Allegheny Co., April T., 1915, No. 1352, dismissing bill in equity in case of Morris Glinn v. Pearl Silver and Louis Silver. Bill in equity for a mandatory injunction. Carpenter, J., found the facts to be as follows: First. The plaintiff and Pearl Silver, one of the defendants, own adjoining lots fronting on Erin street and extending through Seal street, in the City of Pittsburgh. Second. Mrs. Silver, erected upon her lot, a brick building having a stone foundation, her intention being to erect the southerly wall of said…
1Opinion of the Court
Opinion by
Kephart, J.,
The plaintiff filed this bill for a mandatory injunction to compel the defendants to remove an encroachment or overlap between their própérties at a point some distance from the front propérty lines^ This overlap consisted of a bulge in the wall, and that it extended on plaintiff’s land from nothing to three-quarters of fin inch is not disputed. It was cláimed by the defendants that it was due to the careléss 'work done by the plaintiff in building the defendants’ wall. He erected the wall under a contract with the defendants before he became the owner of *385the adjoining…
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