Manbeck v. Jones

Citations

• 190 Pa. 171
• 42 A. 536
• 1899 Pa. LEXIS 1001

Syllabus

<p>Easements— Ways— Obstruction.</p> <p>Where one party has a right of way through land of another to a public road, the latter is not justified in closing it by the fact that there is another way to such road.</p> <p>Ways~Easement — Bights of purchaser at sale — Equity.</p> <p>Where a continuous and apparent servitude is imposed by an owner on one part of his land for the benefit of another, a purchaser at private or judicial sale takes subject to the servitude.</p> <p>Where the vendor of a tract of land laid out a road from such tract through other land belonging to him, to a public road, and fenced it on both sides, and such road remained an open and visible way for twenty years, a purchaser of the tract through which it lies takes subject to the easement.</p> <p>Where a right to a way is not doubtful, but is clearly shown, equity has jurisdiction to compel the keeping open of the way, before a decision on the question of the right to the easement is had on the law side of the court.</p> <p>On a bill m equity to restrain interference with a road, if the testimony is such that, if submitted to a jury, the only finding could be in favor of the existence of the road, a court of equity has jurisdiction to enter a decree forbidding any obstruction of the road. The law does not offer an adequate remedy.</p>