Datz v. Phillips
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 149 July Term 1889, Sup. Ct.; court below, No. 247 December Term 1886, C. P. No. 4, iu Equity.
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APPEAL BY DEPENDANT PROM THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 149 July Term 1889, Sup. Ct.; court below, No. 247 December Term 1886, C. P. No. 4, iu Equity. On December 16, 1886, Jacob A. Datz and F. W. Middendorf filed a bill in equity against Cyrus Phillips and Milton Phillips, which averred that the plaintiffs were the owners of two lots of ground, Nos. 70 and 72 on the west side of North Fourth street, the rear ends of which abutted against the east side of a lot fronting on Arch street owned by the defendant Cyrus Phillips; praying that the defendant and his lessee…
1Opinion of the Court
*217Opinion,
Mr. Justice Williams:
The parties to this litigation own contiguous lots near the corner of Fourth and Arch streets in the city of Philadelphia. The plaintiffs in the court below own Nos. 70 and 72 North Fourth street. The defendant’s lot was No. 410 Arch street, which, extending beyond the corner lot owned by other parties, adjoined and formed the rear boundary of both the lots of the plaintiffs. On the backside of No. 70 there was a large privy well some thirty feet deep, and ten feet wide, to the use of which the defendant had a title which is not questioned, and to which he had…
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