McIlvaine v. Powers
Supreme Court of Pennsylvania
Appeal, No. 417, Jan. T., 1921, by defendants, from decree of C. P. No. 3, Phila. Co., July T., 1920, No. 4388, in favor of plaintiff, on bill in equity, in case of Harry Mcllvaine v. J ames J. Powers et ux. Bill in equity for injunction. Before MoMiohael, P. J. The opinion of the Supreme Court states the facts. The court entered a decree in accordance with the prayers of the bill. Defendants appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff filed a bill in equity averring he was the owner in fee of the bed of an alley, which defendants, his next door neighbors, wrongfully claimed they had the right to use, and, in the exercise of this alleged right, had broken down the fence between it and their property, had ejected plaintiff from the alley when he protested against their use of it, and proposed to continue its use *343unless enjoined from so doing; defendants admitted the facts and claimed a right to use the alley; a decree was entered in favor of plaintiff, and defendants prosecute this…
2Cases cited5 opinions
- New York & Pennsylvania Co. v. New York Central R. R.Supreme Court of Pennsylvania · 1920
- Gongaware's EstateSupreme Court of Pennsylvania · 1920
- Cruzan v. CruzanSupreme Court of Pennsylvania · 1914
- Philadelphia v. RaySupreme Court of Pennsylvania · 1920
- Shimer v. Aldine Trust Co.Supreme Court of Pennsylvania · 1919
3Cited by5 opinions
- Mead v. SherwinSupreme Court of Pennsylvania · 1922
- Kulp v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1922
- McFeeters v. LeeSupreme Court of Pennsylvania · 1922
- Pittsburgh v. Edwin Bell & Sons Co.Supreme Court of Pennsylvania · 1923
- Rokeach v. Imperial Metal Polish Co.Supreme Court of Pennsylvania · 1928