Allen v. Scheib
Supreme Court of Pennsylvania
Appeal, No. 10, Oct. T., 1916, by defendants, from decree of C. P. Allegheny Co., July T., 1913, No. 2368, in equity, awarding an injunction in case of Eleanor Walker Allen v. John Scbeib, Sr., and John G-. Scbeib. Bill in equity for an injunction. Before Carpenter, J. Tbe opinion of tbe Supreme Court states tbe facts.
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Appeal, No. 10, Oct. T., 1916, by defendants, from decree of C. P. Allegheny Co., July T., 1913, No. 2368, in equity, awarding an injunction in case of Eleanor Walker Allen v. John Scbeib, Sr., and John G-. Scbeib. Bill in equity for an injunction. Before Carpenter, J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court on final bearing awarded an injunction restraining defendants from interfering in any manner with tbe free use and proper maintenance of tbe road by plaintiff and from interfering in any manner with Sebastian Mueller in constructing and maintaining a gas line along…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This equitable action is to determine the rights of the respective parties to a certain strip of land situate in Richland Township, Allegheny County, and used as a private road. The Butler Plank Road extends through said township in a northerly direction, and the farm of the late John Scott, containing 142 acres, is located thereon. He died in 1875, and clause four of his will provides:
“I give and devise to my grandson, John Scott Teacher, 15 acres of my Bakerstown farm; to my daughter, Catherine Harbison, 10 acres; to my granddaughter, Sarah Harbison, 5 acres;…
2Cases cited4 opinions
- Kister v. ReeserSupreme Court of Pennsylvania · 1881
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
- Mershon v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1904
- Nanheim v. SmithSupreme Court of Pennsylvania · 1916
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- McDermott v. ReiterSupreme Court of Pennsylvania · 1924
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