Tide Water Pipe Co. v. Bell

Citations

• 280 Pa. 104
• 124 A. 351
• 40 A.L.R. 1516
• 1924 Pa. LEXIS 475

Syllabus

<p>Equity — Forcible taking of possession — Restoration of status— Jurisdiction to determine rights in the property — Imposition of costs.</p> <p>1. One who attempts to take the law into his own hands, pending a settlement of the respective rights of the contesting parties, may lose much, but can never gain anything.</p> <p>2. Ordinarily, where there is a dispute regarding property, and one of the claimants takes forcible possession from the other, on bill in equity filed, the court should at least restore the original status, and charge the wrongdoer with all costs, expenses and damages resulting from his wrongful conduct, leaving the parties to have their rights determined at law; and this should be done although the court is of opinion that the wrongdoer has title to the property in dispute.</p> <p>3. Under such circumstances, however, a court of equity, should, at the request of the innocent party, proceed to determine the question of title also, even though, but for the other’s wrongful conduct, that question would have been cognizable in a court of law only.</p> <p>Equity — Jurisdiction—Proceedings in limine — Practice, equity —Waiver.</p> <p>4. A defendant who challenges the jurisdiction of equity must explicitly raise this issue by answer or demurrer, and have it decided in limine; if he fails in either respect, the right of trial by jury will be deemed waived by both parties.</p> <p>Easements — Right-of-way—Open and notorious possession — Sale of property — Sale for taxes — Seated or unseated land — Acts of April 8,180k, P. L. 517, and April 29, 1844, P. L. 486.</p> <p>5. A right-of-way which is open, notorious, continuous and permanent is not affected by either a public or private sale of the property over which it passes.</p> <p>6. This rule applies to a sale for taxes, whether the land burdened by the right-of-way is seated or unseated, if the taxes were assessed only against the land so burdened, and if also the right-of-way was granted, and its owner i