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LIEBER et ux. v. EURICH

201 Pa.Super. 186 (1963)

Lieber et ux., Appellants, v. Eurich.

Superior Court of Pennsylvania.

June 12, 1963.

Attorney(s) appearing for the Case

Thomas H. Welsh, with him Metz, Cook, Hanna & Kelly, for appellants.

Harry J. Schmitt, Jr., with him Eugene J. Reinbold, and Beck, McGinnis & Jarvis, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY MONTGOMERY, J., June 12, 1963:

This is an appeal from a final decree by Hon. JOHN T. DUFF, JR., in an action commenced in equity for an injunction to prevent trespasses but transferred by stipulation to the law side of the court to determine whether an easement by prescription in appellees' favor over appellants' (plaintiffs below) land had been established. The court found such easement to exist and declared that it was appurtenant to appellees' land....

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