Grace Methodist Episcopal Church v. Dobbins
Supreme Court of Pennsylvania
Appeal, No. 38, July T., 1892, by defendant, Richard J. Dobbins, from decree of C. P. No. 3, Phila. Co., Sept. T., 1891, No. 758, on bill in equity. Bill to compel removal of cornice from building. The facts appear by the opinion of the Supreme Court. In 1881 the house and cornice again became vested in appellant.
Read the full summary
Appeal, No. 38, July T., 1892, by defendant, Richard J. Dobbins, from decree of C. P. No. 3, Phila. Co., Sept. T., 1891, No. 758, on bill in equity. Bill to compel removal of cornice from building. The facts appear by the opinion of the Supreme Court. In 1881 the house and cornice again became vested in appellant. The case was heard on bill and answer, and the court entered the following decree : “ And now, April 2, 1892, the above case having come on at this term of court for further hearing upon bill and answer, it is hereby adjudged and decreed as follows: [“ That the said defendant,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The house was built in 1869 and this bill was not filed until 1891. For more than twenty-one years the projection of the cornice over the complainant’s land was apparent and continuous. There was lacking therefore no element of a conclusive presumption in appellant’s favor, and his title by lapse of time was complete.
But independent of the presumption from continuous adverse user, the appellant’s title was good against the complainant. The latter never had any title except subject to the former’s easement. The house was built in 1869 by Dobbins who was then the…
2Cases cited4 opinions
- Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856
- Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
- Overdeer's Administrator v. UpdegraffSupreme Court of Pennsylvania · 1872
- Seibert v. LevanSupreme Court of Pennsylvania · 1848
3Cited by32 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Morris v. BluntUtah Supreme Court · 1916
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Liquid Carbonic Co. v. WallaceSupreme Court of Pennsylvania · 1908
- Nauman v. Treen Box Co.Supreme Court of Pennsylvania · 1924
27 more not listed; retrieve them via the Exa API.