Fitzgerald v. Kwaterski Et Ux.

Opinion by

Mr. Justice Linn,

This appeal is from a judgment of the Superior Court, reported in 115 Pa. Superior Ct. 53, 174 A. 596.

Fitzgerald and wife filed a hill against Kwaterski and wife for a decree concerning the status of an easement on lot No. 29, * for the benefit of which, plaintiffs alleged, it was agreed by defendants that an easement would be created. The trial court dismissed the bill. The Superior Court reversed, and remanded the record with instructions to enter a decree in favor of the Dukovics, “their heirs and assigns, tenants and occupiers of the adjoining premises.” The…