Legal Opinion

Philadelphia v. Peters

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 86Published

Appeal, No. 86, Oct. T., 1915, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1897, No. 1756, M. L. D., on verdict for plaintiff in case of City of Philadelphia, to use, of Thomas Cunningham, v. Estate of Margaret A. Peters, deceased, actual and registered owner. Scire facias sur municipal lien for paving.

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Appeal, No. 86, Oct. T., 1915, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1897, No. 1756, M. L. D., on verdict for plaintiff in case of City of Philadelphia, to use, of Thomas Cunningham, v. Estate of Margaret A. Peters, deceased, actual and registered owner. Scire facias sur municipal lien for paving. Before Sulzberger, P. J. .From the record it appeared that the lien in suit was filed on September 13, 1899, against the estate of Margaret A. Peters, owner and registered owner. On November 1, 1901, Jacob A. Peters was permitted to intervene in the proceedings. He…

1Opinion of the Court

Opinion by

Teexleb, J.,

This is a proceeding on a municipal lien filed for paving a cartway of Dyre street, Philadelphia. The owner of the property against which the lien is filed, claims that the lien is not valid because the street, upon which the pavement was laid is not a public highway, but is private property. The same question arose in the case of Philadelphia v. Peters, 18 Pa. Superior Ct. 388. It appeared in that case as it does in this that Emanuel Peters, in conveying the premises of which Dyre street formed part, excepted and réserved the soil of the moiety of Dyre street, plotted…

2Cases cited4 opinions

  1. Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
  2. Volkmar Street, PhiladelphiaSupreme Court of Pennsylvania · 1889
  3. Jackson v. PittsburgSuperior Court of Pennsylvania · 1908
  4. Philadelphia v. PetersSuperior Court of Pennsylvania · 1901

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