Selden v. Williams
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. James and John Williams against George Selden. This was an action on the case for a nuisance, in obstructing a fifteen feet passage, on the north side of the plaintiffs’ lot, purchased by them from Judah Colt, and to which they claimed a right in common with the defendant.
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ERROR to the common pleas of Erie county. James and John Williams against George Selden. This was an action on the case for a nuisance, in obstructing a fifteen feet passage, on the north side of the plaintiffs’ lot, purchased by them from Judah Colt, and to which they claimed a right in common with the defendant. The plaintiffs gave in evidence the article of agreement between them and Judah Colt, dated April 2,1832, the material parts of which are as follow: The said J. Colt, for the consideration, &c., doth hereby covenant, &c., that he shall and will, on or before April 1, 1835, by such…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
This is a case of some difficulty, arising from the ambiguity in the contract of the parties, as to the right of the plaintiffs below, in the spaceway of fifteen feet, north of the lot for which the deed was made. The written instruments, consisting of the proposition of the 16th of January 1832, by the testator to the plaintiff's, the contract of the 2d of April 1832, between the parties, and the deed made by the defendants to the plaintiffs, on the 30th of August 1836, are none of them, by themselves, entirely plain on this point. The…
2Cited by9 opinions
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- Lehman v. PaxtonSuperior Court of Pennsylvania · 1898
- Ciavarro v. Cost Control Marketing & Management, Inc.Superior Court of Pennsylvania · 1992
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