Pennsylvania Superior Court Reports Volume 53

Pennsylvania Superior Court Reports Volume 53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: the mills.... and also a free board or passage of one perch wide on either side of the same shall be kept open and remaining to the grantor, his heirs and assigns to pass and repass at all times to re pair and amend the said mill race." The deed further protdded that the grantee his heirs and assigns should have the right "to cut or open a passage or passages through the bank of the said mill race, and take out the water at convenient times, etc., to overflow or water his adjacent meadow." Held, that the deed intended an exception of the mill race and the adjacent strip, and that therefore the grantee took a fee in the mill race strip, and not merely an easement. Argued Nov. 19, 1912. Appeal, No. 4, Oct. T., 1912, by defendants, from decree of C. P. Chester Co., No. 552, in equity, in case of Mary P. Bicking, Widow, and Samuel P. Bicking, Executor of S. Austin Bicking, deceased, v. Florey's Brick Works, James Florey and William MeClure, Jr. Before RICE, P. J., HENDERSON, Momusou, ORLADY, HEAD and Ponraa, JJ. Affirmed. Bill in equity for an injunction. BUTLER, J., found the facts to be as follows: The common source of title of the respective properties of the plaintiffs and defendants is Thomas Downing who in 1750 owned a tract of 561 acres, which included the mill ' now owned by the plaintiffs, its race, and all the land now owned by the defendants. Thomas Downing, by deed dated April 20, 1756, conveyed to John Downing, in fee, 326 acres of land, being part of the 561 acres referred to, through which the race extends, which deed described by metes and bounds as one tract, the land lying on both sides of, and under the race. "Saving and excepting out of the above granted land and premises, unto the said...
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236991915
  • 9781236991911