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DAVIS et ux. v. WINSOR

165 Pa.Super. 212 (1949)

Davis et ux. v. Winsor, Appellant.

Superior Court of Pennsylvania.

July 15, 1949.

Attorney(s) appearing for the Case

Arthur W. Bean, with him Smillie, Bean & Scirica, for appellant.

Joseph C. Henry, with him Paxson, Kalish, Dilworth & Green, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent).

OPINION BY ARNOLD, J., July 15, 1949:

Plaintiffs filed a bill in equity and thereunder obtained an injunction restraining the defendant from removing an iron fence, and shrubs or hedges, on the line of a right of way on the plaintiffs' property. The defendant appealed from the final decree.

The right of way was for the use only of persons acquiring properties from the Cheswold Corporation which had developed...

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