53 Pa. Super. 227 | Pa. Super. Ct. | 1913
Opinion by
The bill filed by the plaintiff asks for an injunction to restrain the defendant from maintaining windows in what the former alleges to be a party wall on the line between his property and the defendant’s, and from trespassing in the respects set forth in the bill on the plaintiff’s property. The plaintiff is the owner of lot No. 224 having a front of twenty feet on 15th street in Philadelphia. The defendant is the owner of lot No. 1501 Locust street abutting at the north end on the plaintiff’s lot. These lots were at one time the property of Briton Corlies who acquired No. 224 in 1835 and No. 1501 in 1840. While the owner of both lots Corlies granted a right of way three feet in width along the south side of lot 224 for the use of certain lots abutting thereon and fronting on Locust street. Lot 1501 was conveyed to the trustees of Pepper in 1847 and lot 224 to the same trustees in 1854, “subject to the use of said alley as a passage way and water course for the owners and occupiers of the lots abounding thereon now entitled thereto.” The trustees of Pepper’s estate conveyed lot 1501 to Jessup, predecessor in title to the defendant, in June, 1862, and lot No. 224 to Wilson, predecessor in title to the plaintiff, in February, 1893. At a date not definitely fixed, prior to 1862, the owners of the two lots last referred to erected a brick coach house at the north end of lot 1501. The trustees of Pepper conveyed lot 1501 “with the brick coach house and stable thereon erected” and it is the north wall of this building which gives rise to the pending controversy. The defendant purchased lot 1501 in June, 1900. The plaintiff acquired title to lot 224 in February, 1905. At that time there were two windows in the north wall of the coach house which
A motion to quash the appeal was made, but we are not persuaded that it should be sustained. The decree of the court consisted of several sections relating to different prayers .of the complainant, and we regard the assignments of error setting forth these distinct adjudications as in compliance with rule 14.
The decree is therefore reversed at the cost of the appellee.