Fogal v. Swart
Superior Court of Pennsylvania
Appeal, No. 220, April T., 1908, by plaintiff, from decree of C. P. No. 3, Allegheny Co., May T., 1907, No. 9, on bill in equity in case of W. T. Fogal v. Wm. M, Swart. Bill in equity for an injunction.
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Appeal, No. 220, April T., 1908, by plaintiff, from decree of C. P. No. 3, Allegheny Co., May T., 1907, No. 9, on bill in equity in case of W. T. Fogal v. Wm. M, Swart. Bill in equity for an injunction. Swearingen, P. J., found the facts to be as follows: 1. Milton I. Baird, the owner of a tract of land in Scott township, Allegheny county, Pennsylvania, laid the same out into a plan of lots called “Espy Farm,” which was duly recorded on July 1, 1901, in the recorder’s office of said county of Allegheny, in Plan Book, vol. 18, p. 186. In said plan there is a street thirty-three feet in width,…
1Opinion of the Court
Opinion by
Beaver, J.,
It clearly appears from the bill and answer that a building restriction line was established by the owner of the lots, through whom both plaintiff and defendant claim title. The plaintiff claims lot No. 11 in a plan of eighteen lots, through one D. R. Speer, who was the owner of four lots, of which it was one, and who conveyed to him February 4, 1907, the conveyance being made subject to the restriction, as contained in the plan of lots originally laid out by the owner of the land embraced in the plan, which was duly recorded.
The defendant seeks to avoid the restriction,…
2Cases cited2 opinions
- Erb v. BrownSupreme Court of Pennsylvania · 1871
- Hudson v. WatsonSuperior Court of Pennsylvania · 1896
3Cited by2 opinions
- United States v. ZorgerDistrict Court, W.D. Pennsylvania · 1976
- Laage's AppealBucks County Court of Quarter Sessions · 1938