OVERLY v. HIXSON


169 Pa.Super. 187 (1951)

Overly v. Hixson, Appellant.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Myron W. Lamproplos, with him Cassidy & Lamproplos, for appellants.

John W. Pollins, with him Pollins & Pollins, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY DITHRICH, J., July 19, 1951:

Defendants appeal from a decree of the Court of Common Pleas of Westmoreland County which permanently enjoined them "from obstructing or interfering with the use and enjoyment by the plaintiffs . . . of the right-of-way . . . running from real estate and farm, owned by the plaintiffs, over and across the real estate of the defendants."

The following facts are not disputed. In 1881 Christopher Fox acquired record title...

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