Saunders v. Racquet Club

Citations

• 170 Pa. 265
• 33 A. 79
• 1895 Pa. LEXIS 1396

Syllabus

<p>Equity — Jurisdiction—Remedy at law — Alley.</p> <p>A bill in equity for a mandatory injunction to compel defendant to tear down a wall on land of which he is in possession, and of which neither plaintiff nor his predecessors in title ever had possession, is an ejectment bill, of which equity has no jurisdiction, the remedy at law being complete and adequate.</p> <p>Equity — Horizontal severance — Legal title — Jurisdiction—Ejectment.</p> <p>Where the plaintiff in a bill in equity seeks to compel the defendant to remove a wall on land of which the defendant is in possession, and plaintiff claims that by a deed to one of defendant’s predecessors in title defendant’s estate was for four feet from the boundary line cut off from extending indefinitely upwards, by a horizontal boundary fixed at twelve feet from the surface, plaintiff’s right is a purely legal one, which the law must determine before equity will enforce it. The severance in such case is by a boundary as clearly defined as if the four feet had been cut off at the surface instead of twelve feet above it.</p>