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2 Miles 337

Norris v. Adams

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-10-05

IN this case, the following facts were agreed on by the parties, to be submitted to the court in the nature of a special verdict, and to have the same effect as if found by a jury, namely, “ William Coats, of the County of Philadelphia, deceased, being seized in fee of a certain brick messuage and lots of ground situate on New Market Street, in the County of Philadelphia, devised the same in fee to his daughter and only issue, Sarah Coats, who afterwards intermarried with a…

Decided 1839-10-05

Per Curiam.-

¶1This case falls precisely within the principle of Oat v. Middleton.a Sarah Simmons died seized of both lots, on one of which, at the time of her death, the wall was erected. The parties taking under her the respective lots, do not stand in the positions of party and party, under the act of Feb. 24, 1721, as to compensation for the use of the wall.

¶2Judgment accordingly.

¶3 Ante, p. 247,

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