MELLACE v. ARMSTRONG


469 Pa. 326 (1976)

365 A.2d 850

Anthony J. MELLACE, a/k/a Antonio Mellace and Palma S. Mellace, his wife, Appellees, v. James H. ARMSTRONG and Louisa V. Armstrong, his wife, Appellants.

Supreme Court of Pennsylvania.

Decided November 24, 1976.


Attorney(s) appearing for the Case

Basil C. Clare, Ridley Park, for appellants.

A. Sidney Johnson, Jr., Kenneth A. Clouse, Media, for appellees.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

MANDERINO, Justice.

In January of 1972, appellants, James H. Armstrong and Louisa V. Armstrong erected a fence gate across an alley located between appellants' property and the property of appellees, Anthony J. Mellace and Palma S. Mellace. Appellees then brought an action in equity to compel the removal of the fence which according to the appellees, obstructed their right of way to use the alley...

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