Legal Opinion

Duross v. Singer

Supreme Court of Pennsylvania

Decided May 10, 1909No. Appeal, No. 305PublishedCited by 11 opinions

Appeal, No. 305, Jan. T., 1908, by plaintiffs, from decree of C. P. No. 1, Phila. Co., June T., 1908, No. 3,527, dismissing bill in equity in case of Mary T\ Duross et al. v. Herman Singer. Bill in equity for an injunction. Before Brégy, J. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.

1Opinion of the Court

Per Curiam,

The plaintiffs are the owners of property No. 609 South street, Philadelphia, and the defendant is the owner of the adjoining property to-the west, No. 611. The prayer of the bill *574is for an injunction to restrain the defendant from building over the rear end of an alley on the east side of his lot, laid out prior to 1810 for the common use of the owners of both lots. The ownership of the soil of the alley is in the defendant and bis right to maintain a building over it supported by an archway to the depth of twenty-five feet and eleven inches from South street is conceded; but the…

2Cases cited1 opinion

  1. Klaer v. RidgwaySupreme Court of Pennsylvania · 1878

3Cited by11 opinions

  1. Mercantile Library Co. v. Fidelity Trust Co.Supreme Court of Pennsylvania · 1912
  2. Dierssen v. McCormackCalifornia Court of Appeal · 1938
  3. Graham v. Safe Harbor Water Power Corp.Supreme Court of Pennsylvania · 1934
  4. Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
  5. Carter v. LebzelterSuperior Court of Pennsylvania · 1911

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