Real Estate Trust Co. v. Hatton
Supreme Court of Pennsylvania
Appeal, No. 279, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 1, Pliila. Co., March T., 1899, No. 1090, on bill in equity. Bill in equity for an injunction to restrain waste. From the record it appeared that plaintiffs were owners of a mortgage on land, the title to which was in William J. Smith, but which was alleged to be owned by Owen Hatton, the defendant.
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Appeal, No. 279, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 1, Pliila. Co., March T., 1899, No. 1090, on bill in equity. Bill in equity for an injunction to restrain waste. From the record it appeared that plaintiffs were owners of a mortgage on land, the title to which was in William J. Smith, but which was alleged to be owned by Owen Hatton, the defendant. In May, 1899, it was alleged that Hatton began to dig clay on the land and to construct thereon a brick kiln. Defendant, by his answer and by the oral statement of his counsel, disclaimed an intention to do that which the bill…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
In this case the court below refused to grant the injunction prayed for and dismissed the bill on the ground “ that a doubt upon the question of injunction is to be decided in favor of the defendant.” It is obvious from the brief opinion of the court below that the doubt was based upon the defendant’s answer to the bill and his assurance through his counsel that he had no intention of doing that which was complained of therein, and that before any attempt was made to do it the plaintiffs should have notice on which they could apply to the court to have it…
2Cases cited1 opinion
- Martin v. AmblerSupreme Court of Pennsylvania · 1887
3Cited by4 opinions
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- Jacob Hoffman Brewing Co. v. McElligottCourt of Appeals for the Second Circuit · 1919
- Rush Township School District v. Titus, Pennsylvania Court of Common Pleas, Schuylkill County1925
- Searle v. Aylesworth, Pennsylvania Court of Common Pleas, Susquehanna County1924