Schuler v. Schuler
Superior Court of Pennsylvania
Appeal, No. 156, Oct. T., 1908, by defendant, from decree of C. P. Lehigh Co., Jan. T., 1907, No. 1, on bill in equity in case of Lewis L. Schuler v. Peter A. Schuler. Bill in equity for an injunction. Trexler, P. J., filed the following opinion: Lewis L. Schuler and his brother, Peter A. Schuler, are the owners of adjoining lands in Lower Milford township, Lehigh county.
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Appeal, No. 156, Oct. T., 1908, by defendant, from decree of C. P. Lehigh Co., Jan. T., 1907, No. 1, on bill in equity in case of Lewis L. Schuler v. Peter A. Schuler. Bill in equity for an injunction. Trexler, P. J., filed the following opinion: Lewis L. Schuler and his brother, Peter A. Schuler, are the owners of adjoining lands in Lower Milford township, Lehigh county. What may be called the upper field of Lewis Schuler drains into a gully, which is situate along the fence line running east and west, and which gully or gutter continues on Peter A. Schuler’s land, and the water finally…
1Opinion of the Court
Opinion by
Rice, P. J.,
In order to sustain the demurrer the defendant was bound to sustain the general proposition that a court of equity has no jurisdiction to restrain the disturbance of an alleged easement until the plaintiff’s right has been established in an action at law. We say this, not because counsel expressly argue that this is the general rale, but because it would be the logical conclusion from holding that this bill was demurrable. Upon the facts admitted by the demurrer, the right of the plaintiff to have *639the water flow as it had flowed for fifty years (so alleged in the bill)…
2Cases cited4 opinions
- Miller v. LynchSupreme Court of Pennsylvania · 1892
- Bitting's AppealSupreme Court of Pennsylvania · 1884
- Davis v. Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1907
- Datz v. PhillipsSupreme Court of Pennsylvania · 1890
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- Richard Paul, Inc. v. Union Improvement Co.Court of Chancery of Delaware · 1952
- York Haven Paper Co. v. York Haven Water & Power Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1911