Edgett v. Douglass

Citations

• 144 Pa. 95
• 22 A. 868
• 1891 Pa. LEXIS 584

Syllabus

<p>1. When the parties to a suit in equity have submitted to the jurisdiction, taking the chances of a decree in their favor, an objection that the suit should have been at law, will not as a general rule avail, when made for the first time in the Supreme Court, unless the want of jurisdiction is so plain as to justify the dismissal of the bill of the court’s own motion.</p> <p>2. The grantor of land reserved in the deed therefor the right “ to maintain a dam across the T. creek, where the dam now is.” The reservation covered the right to maintain not only the breastwork of the dam, but also the banks at the sides of it, and to repair them if washed away, neeessai’ily involving the right to go upon the laud conveyed for the purpose of such repairs.</p>