People's National Bank v. Liquid Carbonic Co.

Citations

• 226 Pa. 503
• 75 A. 677
• 1910 Pa. LEXIS 807

Syllabus

<p>Nuisance — Encroachment on street — Plan of lots — Injunction— Equity — Estoppel—Mortgage.</p> <p>1. Where an owner of land included in a plan of lots encroaches by mistake with a structure on one of the lots he may be compelled to remove the obstruction at the suit-of an owner of one of the other lots, if it appears that the encroaching owner was not' misled or deceived by the complaining owner, and that the latter had continually protested against the encroachment, and that all the parties had the same means of ascertaining the location of the street.</p> <p>2. The rights of a mortgagee cannot be impaired or affected by the manner in which the mortgagor deals with the property. Thus the acquiescence or consent of the mortgagor cannot prevent the mortgagee from invoking the aid of a chancellor to remove an illegal obstruction on a street in which the mortgagee has an easement.</p> <p>3. The fact that the mortgagee permitted the mortgagor to lay out the mortgaged land in lots and streets is not sufficient to warrant the conclusion that it acquiesced in or adopted the action of the mortgagor in permitting an illegal obstruction to be erected on-one of the streets.</p>