Phillips v. Phillips
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case by George Phillips and others, minor children of Thomas Phillips, and grandchildren of David Phillips, deceased, by their next friend Enoch Phillips, against Nelson Phillips, Evan E. Phillips and others, to recover damages for the obstruction of an alleged right of way which the plaintiffs claimed over a piece of land in which Nancy Phillips held a life estate, with remainder in fee to Nelson…
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Error to the District Court of Allegheny county. This was an action on the case by George Phillips and others, minor children of Thomas Phillips, and grandchildren of David Phillips, deceased, by their next friend Enoch Phillips, against Nelson Phillips, Evan E. Phillips and others, to recover damages for the obstruction of an alleged right of way which the plaintiffs claimed over a piece of land in which Nancy Phillips held a life estate, with remainder in fee to Nelson Phillips, one of the plaintiffs. David Phillips, the father of some of the defendants, and grandfather of the plaintiffs,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— The difficulty in the mind of the counsel for the plaintiff in error in this case seems to be his inability to discover a principle upon which the alleged right of way involved may exist; and in truth this is the real difficulty of the case. Can it be resolved ?
The grandfather of the plaintiffs, David Phillips, was in his lifetime the owner of one hundred and fifty-three acres and twenty perches of land in one body. Many years before his death he divided it into four portions by surveys on the ground, and to each of his sons, viz.,…
2Cited by27 opinions
- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Adamson Et Ux. v. BrockbankUtah Supreme Court · 1947
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- Heffley v. LohrSuperior Court of Pennsylvania · 1942
- Nauman v. Treen Box Co.Supreme Court of Pennsylvania · 1924
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