Overdeer's Administrator v. Updegraff
Supreme Court of Pennsylvania
May 11th 1871. Before Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Cumberland county: No. 72, to May Term 1871. On the 30th of June 1868, William Overdeer brought an action of trespass against Joseph Updegraff. The parties occupied houses on adjoining lots.
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May 11th 1871. Before Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Cumberland county: No. 72, to May Term 1871. On the 30th of June 1868, William Overdeer brought an action of trespass against Joseph Updegraff. The parties occupied houses on adjoining lots. On the lot of the plaintiff was an alley, into which there was an entrance from the lot occupied by the defendant; the plaintiff closed the entrance by boarding it up.; the defendant took away the boarding, for this the action was brought. The question tried was whether the defehdant had a right of passage…
1Opinion of the Court
The opinion pi the court was delivered, May 27th 1872, by
Williams, J.
The main question in this case is whether the plaintiff’s lot is subject to an easement appertenant to the lot occupied by the defendant. Both lots were formerly owned by William Hinney, deceased, who died seised of them in 1864. He occupied one of them in his lifetime, and his tenants the other, and he opened an alley between them, on the lot now owned by the plaintiff, for the use of himself and tenants. After his death his administratrix sold, by order of the Orphans’ Court, the lot on which the alley was opened without…
2Cases cited2 opinions
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