BAPTIST CH. IN THE GREAT VAL. v. URQUHART


406 Pa. 620 (1962)

Baptist Church in the Great Valley v. Urquhart, Appellant.

Supreme Court of Pennsylvania.

March 13, 1962.


Attorney(s) appearing for the Case

Francis T. Anderson, for appellants.

John O. Platt, Jr., with him MacElree, Platt & Marrone, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE EAGEN, March 13, 1962:

This is an appeal from a final decree in equity restraining the defendant-appellants from constructing a road over a right of way reserved by the terms of a deed.

The relevant facts, supported by the testimony and as found by the chancellor and affirmed by the court en banc, may be summarized as follows:

The plaintiff-appellee, The Baptist Church in the Great Valley, located in Tredyffrin Township, Chester...

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