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· 5/10/1920

Day v. McAuley

Citations

  • 267 Pa. 417
  • 110 A. 374
  • 1920 Pa. LEXIS 882

Syllabus

<p>Road law — Town site reserved by Commonwealth — Streets and alleys — Vacation—Acts of March IS, 1788; September 11, 1787, and March 21, 1906, P. L. 1¡6.</p> <p>Where, under the Acts of March 13, 1783, and September 11, 1787, a plan of public land was set apart as a town site, and the streets and alleys declared to be lanes and alleys forever, and where subsequently the Act of March 21, 1905, P. L. 46, empowered municipalities to vacate streets laid out by the Commonwealth and unimproved for thirty years prior to Such vacation, a municipality may vacate a street laid out on such a site, and, after the damages or' benefits have been ascertained and provided for, as required by the Act of 1905, such street ceases to be an encumbrance on any lands included in the town site, affecting the marketability of such lands.</p>

Judges: Brown, Frazer, Kephart, Moschzisker, Simpson, Walling

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