Coward v. Llewellyn

Citations

• 209 Pa. 582
• 58 A. 1066
• 1904 Pa. LEXIS 677

Syllabus

<p>Equity—Remedy at law—Ejectment—Street—Dedication—User. ■</p> <p>A bill in equity cannot be maintained to compel the defendants to remove valuable buildings claimed by the plaintiffs to have been built over ten feet of an alleged thirty feet wide street, where it appears that although the defendants’ predecessors in title had dedicated a street twenty feet wide, and the public had used the additional width of ten feet for nine or ten years, the evidence is not clear as to whether there had ever been any intention to dedicate the additional ten feet to public.use. In such a case title to the land in dispute must be determined at law before a court of equity can interfere.</p> <p>In the absence of proof of an intention to dedicate land to public use as a street, the public can acquire no right to the land, except by uniform, adverse and continuous use under claim of right for twenty-one years.</p>