Pile v. Pedrick

Citations

• 167 Pa. 296
• 31 A. 646
• 1895 Pa. LEXIS 897

Syllabus

<p>Equity— Inj unction— Wall— Trespass.</p> <p>Where defendant, intending to build a wall entirely upon his own land, receives inaccurate lines from the city surveyor, and in constructing the wall encroaches with his foundation stones one and three-eighths inches on his neighbor’s land without any encroachment by the wall above the surface, this is not a party wall; and if the neighbor refuses to permit the defendant to enter upon his lands so as to cut off the projecting ends of the stones, a court of equity will be compelled to enter a decree requiring the defendant to take down and rebuild the entire wall from his own side.</p> <p>Costs — Division of costs — Equity.</p> <p>Costs are not of course in equity. They are within the power of the chancellor. They may be given or withheld as equity and good conscience require.</p>