Cannon v. Boyd
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia: No. 49, to July-Term 1871. This was an action on tbe case brought October 28tb 1870, by John Boyd against Patrick Cannon, for closing an alley oyer which tbe plaintiff claimed he bad a right of passage. On tbe 17th of November 1845, Francis McCabe bought an unimproved lot on Cotton street, Philadelphia, and gave a mortgage for part of the purchase-money.
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Error to tbe District Court of Philadelphia: No. 49, to July-Term 1871. This was an action on tbe case brought October 28tb 1870, by John Boyd against Patrick Cannon, for closing an alley oyer which tbe plaintiff claimed he bad a right of passage. On tbe 17th of November 1845, Francis McCabe bought an unimproved lot on Cotton street, Philadelphia, and gave a mortgage for part of the purchase-money. He divided it into three lots, and shortly afterwards built a house on No. 2. In 1856, he built on No. 3, adjoining the house on No. 2, leaving an alley on it —over which his house extended —…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Williams, J.
Where a continuous and apparent easement or servitude is imposed by the owner on one portion of his real estate for the benefit of another, the law is well settled that a purchaser at private or judicial sale, in the absence of an express reservation or agreement on the subject, takes the property subject to the easement or servitude: Seibert v. Levan, 8 Barr 383 ; Overdeer v. Updegraff, 19 P. F. Smith 110, and cases there cited. The sheriff sold and conveyed the lots to the parties in this case without reference to the…
2Cited by24 opinions
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- Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
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