PHILLIPS ET AL. v. SMELKA ET UX.


76 Pa. D. & C. 287 (1951)

Phillips et al. v. Smelka et ux.

Common Pleas Court of Erie County, Pennsylvania.

March 7, 1951.


Attorney(s) appearing for the Case

Bryan, Joslin & Bryan, for plaintiffs.

March, Spaeder, Baur & Spaeder, for defendants.


EVANS, P.J., March 7, 1951.

This matter is before us on a bill in equity seeking an injunction and damages.

From the pleadings and testimony we make the following

Findings of Fact

1. From 1920 to February 14, 1945, F. John Whitehill and James S. Whitehill owned as a single tract of land in North East Township two farms which now are, respectively, the properties of plaintiffs and defendants. Plaintiffs' land adjoins and lies to the...

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