Henderson v. Young
Supreme Court of Pennsylvania
Appeal, No. 159, Jan. T., 1917, by plaintiffs, from decree of C, P. No.. 4, Philadelphia Co., March T., 1916, No. 3447, dismissing bill in equity, in case of George Henderson, and Bertha S., his wife, v. Elizabeth T. Young, Elizabeth A. Hill, Arrie J. Allen and Abraham C. Mott. Bill in equity for an injunction to restrain interference with an easement. Before Finletter, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed.
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Appeal, No. 159, Jan. T., 1917, by plaintiffs, from decree of C, P. No.. 4, Philadelphia Co., March T., 1916, No. 3447, dismissing bill in equity, in case of George Henderson, and Bertha S., his wife, v. Elizabeth T. Young, Elizabeth A. Hill, Arrie J. Allen and Abraham C. Mott. Bill in equity for an injunction to restrain interference with an easement. Before Finletter, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed. Errors assigned were various findings of fact and law and the decree of the court. Even though a plotted street duly…
1Opinion of the Court
Opinion- by
Mr. Justice Frazer,
The single question raised in this case is whether a deed describing property as bounded by a street plotted on the city plan but not opened, conveys to the grantee an easement over the bed of the proposed street, and entitles him to a right of passage even though the street is not opened and is subsequently vacated by the city.
In 1886, John Welsh, owner of a tract of land situated in Philadelphia sold a part of the property, including the lot here in question, to plaintiff’s predecessor in title by deed which described one of the boundaries on the land as…
2Cases cited11 opinions
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- O'Donnell v. PittsburghSupreme Court of Pennsylvania · 1912
- Transue v. SellSupreme Court of Pennsylvania · 1884
- Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
- In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
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3Cited by8 opinions
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Stoever v. GowenSupreme Court of Pennsylvania · 1924
- Hawkes v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Fidelity-Philadelphia Trust Co. v. ForsterSupreme Court of Pennsylvania · 1942
- Lickle v. Frank W. Diver, Inc.Supreme Court of Delaware · 1968
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