Zerbey v. Allan

Citations

• 215 Pa. 383
• 64 A. 587
• 1906 Pa. LEXIS 805

Syllabus

<p>Equity — Equity practice — Opinion—Findings of fact and law — Equity Rule 62.</p> <p>Where an opinion in an equity case is arranged in a clear and orderly way, and the facts and law are considered separately, the decree based upon the opinion will not be reversed because the findings of fact and law are not set forth in separate and numbered paragraphs as provided by Equity Rule 62.</p> <p>Equity — Equity practice — Review.</p> <p>The appellate court will not reverse a final decree in equity because the court did not sit in bano to pass upon the exceptions, where on the face of the decree it appears to have been made “By the Court” and not by an individual judge.</p> <p>Easement — Merger—Extinguishment of easement.</p> <p>Where there is a union of an absolute title to and possession of the dominant and servient estates in the same person, it operates to extinguish the easement on the servient estate absolutely and forever, for the reason no man can have an easement in his own land.</p> <p>Deed — Description—Courses and distance.</p> <p>Where land is sold according to a plan of lots, and a deed for one of the lots shows that a course was evidently omitted, the missing course may be shown from the description in the deed for the adjoining lot.</p> <p>Easement — Right of way — Express grant — Permissive use.</p> <p>An express grant of the use of a stable yard for access to the rear of adjoining premises is a privilege personal to the owner of such premises, and does not enure to the benefit of adjoining owners.</p> <p>Where a user is with the knowledge and acquiescence of the owner of the land traversed, and is under his leave, favor and permission, and at his will, no title by prescription can arise.</p>