Clymer v. Roberts
Supreme Court of Pennsylvania
Appeal, No. 130, Jan. T., 1901, by defendants, from decree of O. P. No. 3, Phila. Co., June T., 1905, No. 4,882, dismissing exceptions to adjudication in case of Evan M. Clymer et al. v. Joseph F. Roberts et al. Bill in equity for an injunction to restrain the construction of a building in the bed of Howard street.
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Appeal, No. 130, Jan. T., 1901, by defendants, from decree of O. P. No. 3, Phila. Co., June T., 1905, No. 4,882, dismissing exceptions to adjudication in case of Evan M. Clymer et al. v. Joseph F. Roberts et al. Bill in equity for an injunction to restrain the construction of a building in the bed of Howard street. In addition to the facts stated in the opinion of the Supreme Court, the court below found as a fact that the portion of Howard street referred to in the deed from Wellens to Ryan was not at the date of the deed, and was not at the time the bill was filed, and the case tried, an…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The specifications of error in this appeal are defective, in that the final decree of the court below is not assigned for error : Watkins v. Hughes, 206 Pa. 526; Kenworthy v. Trust Co., 218 Pa. 286. The question here raised is whether the language of the deed from Wellens to Ryan, by which the property was described as extending “ to the. middle line of Howard street (50 feet wide); thence along the middle line of said Howard street,” vested in the grantee and his successors in title, the right to the use of Howard street as an open highway, and entitled them to…
2Cases cited9 opinions
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Kenworthy v. Equitable Trust Co.Supreme Court of Pennsylvania · 1907
- Andreas v. SteigerwaltSuperior Court of Pennsylvania · 1905
- Gamble v. PhiladelphiaSupreme Court of Pennsylvania · 1894
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3Cited by5 opinions
- Saccone v. West End Trust Co.Supreme Court of Pennsylvania · 1909
- Hawkes v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Condron v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Scholl v. EmerichSuperior Court of Pennsylvania · 1908
- Whitney v. WelshansSuperior Court of Pennsylvania · 1912