Abrahams v. Alsberg

Citations

• 173 Pa. 383
• 34 A. 514
• 1896 Pa. LEXIS 714

Syllabus

<p>Alleys — Boundaries—Contract.</p> <p>M. and B. were the owners of adjoining properties. The deeds to M. and B. each included one half of a two feet ten inches wide alley between the premises. M. subsequently had a survey made, and discovered that the whole of the alley was located upon his ground. M. and B. then entered into an agreement which provided that said “ alley shall be closed and vacated, to the same force and effect as if the said alley had never been laid out and opened, and that the boundary line between the ground of the said B. and M. for the depth of forty-one feet from S. street shall be the centre of said alley as the same is now laid out and opened and about to be vacated; and that from the said depth of forty-one feet from said S. street the ground of the said M. shall be of the full width of nineteen feet three inches, notwithstanding any variations of said alley from the regular lines, as the same may have been laid out and opened on the said ground used by the said B.” A tenant of B. refused to give up possession of the alley which his lease gave him the right to use.</p> <p>A second agreement was then entered into between M. and B. which recited that the alley had been closed and vacated under the first agreement, and also that M. was about to erect a building on his lot, and then continued as follows: “That the said M. hereby covenants and agrees that in erecting and building that he will leave open the said alley of the said width of two feet ten inches to the height of at least eight feet from the level of the pavement until such time as the lease of B.’s premises shall expire, at which time M. is to be at liberty to build up the east wall from the centre of said alley, and the said B. is to be at liberty to use the whole of the said east party wall without any charge therefor. Held, (1) that under the agreement M. gave up half of the alley of forty-one feet from S. street and obtained the whole of the rest of the alley, and had his lot