McClane v. McClane

Citations

• 213 Pa. 286
• 62 A. 861
• 1906 Pa. LEXIS 465

Syllabus

<p>Railroads — Right of way — Invalid grant — Estoppel—Equity—Retention of bill, . ■ . •</p> <p>Where a railroad company.has constructed its road in good faith on lands of a decedent under a deed from persons having no authority to make the grant, and subsequently the devisees file a bill against the railroad company to compel the removal of the road, and it appears that the real purpose of the bill was to compel the defendant company to permit railroad crossings, and that the company had obligated itself to permit crossings,' and it also appears that the lands were enhanced in value by the construction of a railway j and that five out of the seven devisees who were parties to the suit were estopped by their conduct or silence, the court will refuse the injunction, but will retain the bill to enforce if necessary the agreement of the railroad company as to the crossings.</p>