70 Pa. Super. 359 | Pa. Super. Ct. | 1918
Opinion by
The appellant asked for a mandatory injunction to compel the removal of a wall that encroached on his property one and seven-eighths inches at the rear. The court below found that the appellee had appropriated and was in possession of that portion of the appellant’s land covered by the wall without any right, privilege or license and that the appellee was admittedly a trespasser maintaining a continuing trespass, but dismissed the bill because the injury was not serious or oppressive and was readily compensated in damages. The court does not find, nor does the evidence disclose, that there was any act of the appellee that could be considered inequitable or unjust. The question to be determined is simple. May one without a claim or right in law or equity hold possession of another’s land and successfully defend against a bill for a mandatory injunction because the injury may be compensated in damages? The appellant’s title is clear. The occupation of the strip of land by the appellee is an actual appropriation of the appellant’s ground, and if continued will ripen into a complete title. The appellant forfeited no right to his remedy by
The decree of the court below is reversed, the bill is reinstated with direction that the court below enter a decree directing a mandatory injunction to issue as prayed for. Considering the present state of business affairs, the appellant should have two years within which to comply with the decree.