Cowperthwaite v. Wallworth

The motions which have been made herein raise the inquiry whether this court can properly proceed with the cause without the United States being made a party defendant under congressional authorization.

The bill asserts that defendant's building as now constructed interferes with the passage of light and air through certain windows in the westerly end of complainant's building, and prays for a mandatory injunction requiring defendant to remove so much of his building as will restore former conditions. The easement of light and air which the bill seeks to protect is alleged to have arisen…