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BARNDOLLAR et ux. v. GROSZKIEWICZ

178 Pa.Super. 110 (1955)

Barndollar et ux., Appellants, v. Groszkiewicz.

Superior Court of Pennsylvania.

April 12, 1955.

Attorney(s) appearing for the Case

William J. Krzton, with him Esler W. Hays, for appellants.

Irving Sikov, for appellees.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.

OPINION BY ROSS, J., April 12, 1955:

Harold T. Barndollar and Anna B. Barndollar brought a complaint in equity in the Court of Common Pleas of Allegheny County seeking a mandatory injunction for the removal of a wall built by the defendant, Stella Groszkiewicz, which wall encroaches slightly more than two feet on their property. The chancellor, after hearing, refused the injunction on the ground that plaintiffs' delay of a year before filing their complaint had forfeited...

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