ROTH v. HALBERSTADT


258 Pa.Super. 401 (1978)

392 A.2d 855

Norman J. ROTH and Emma K. Roth, his wife, Appellants, v. Robert H. HALBERSTADT and Mary M. Halberstadt, his wife.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

Gary Neil Asteak, Easton, for appellants.

Dominic J. Ferraro, Nazareth, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge:

The parties to this proceeding are adjoining landowners, and this appeal is from a final decree in equity. The action was commenced when the Roths filed a complaint in equity alleging that the Halberstadts constructed a fence that encroached on the Roths' property. The Halberstadts contended in their answer that the fence was located entirely on their property. After a hearing, the lower court dismissed the complaint, concluding that the Roths had failed...

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