Murphy v. Campbell
Supreme Court of Pennsylvania
In error from the District Court for the city and county of Philadelphia. Jan. 22. Case for erecting a fence across a way to a privy, “ which plaintiff and all those whose estate he hath in a lot and house have used.” A case was stated by agreement; if the court should be of opinion that the use of the privy passed as appurtenant, judgment to be given for plaintiff. If not, judgment for defendant.
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In error from the District Court for the city and county of Philadelphia. Jan. 22. Case for erecting a fence across a way to a privy, “ which plaintiff and all those whose estate he hath in a lot and house have used.” A case was stated by agreement; if the court should be of opinion that the use of the privy passed as appurtenant, judgment to be given for plaintiff. If not, judgment for defendant. “The plaintiff and the defendant bought separate pieces of property at an executor’s sale on the 5th May, 1840, part of the real estate of William J. Williams, deceased, and sold by the executors,…
1Opinion of the CourtGibson, C. J.
Under special circumstances, the word
appurtenance has been allowed to include land; and it undoubtedly *485includes an easement or privilege on another’s land when annexed to a tenement, as it was allowed to do in Swartz v. Swartz, at the present term, ante, 353. Were it necessary to put the cause on that point, the question would be, whether the use of the privy in contest could be brought within the operation of the plaintiff’s conveyance as a thing previously annexed to the subject of it; and the construction would be governed by the intention of the parties, deduced not only from their words,…
2Cases cited1 opinion
- Mackentile v. SavoySupreme Court of Pennsylvania · 1827
3Cited by5 opinions
- Casey v. CanningSuperior Court of Pennsylvania · 1910
- Brabson v. School Directors of Fulton Township, Pennsylvania Court of Common Pleas, Lancaster County1954
- Marcy v. BrockSupreme Court of Pennsylvania · 1903
- Empire Steel & Iron Co. v. LawrenceSuperior Court of Pennsylvania · 1905
- Mertens's EstatePennsylvania Orphans' Court, Erie County · 1932