Borie v. Satterthwaite
Supreme Court of Pennsylvania
Appeal, No. 596, Jan. T., 1896, by defendants, from decree of C. P. Montgomery Co., Dec T., 1895, No. 7, on bill in equity. Bill in equity for the specific performance of a contract, to remove cloud upon title and to prevent the fraudulent use of legal process. The following facts were found by Swartz, P. J. The plaintiffs filed their bill to compel the specific performance of a contract for the sale of certain real estate.
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Appeal, No. 596, Jan. T., 1896, by defendants, from decree of C. P. Montgomery Co., Dec T., 1895, No. 7, on bill in equity. Bill in equity for the specific performance of a contract, to remove cloud upon title and to prevent the fraudulent use of legal process. The following facts were found by Swartz, P. J. The plaintiffs filed their bill to compel the specific performance of a contract for the sale of certain real estate. The defendant, Edwin Satterthwaite, signed the agreement of sale as the vendor of the farm in question. The defendants, James, Lydia and Anna, are his children, the latter…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a bill for specific performance of a contract to sell land, for the removal of a cloud upon title, and to prevent the fraudulent use of legal process for the accomplishment of a collusive and illegal purpose. As each of these grounds is. and has always been a subject of general equitable jurisdiction, the suggestion that there is a full remedy at law does not merit serious discussion, and the absence of a specific averment of want of adequate remedy at law, would not have been fatal even before the adoption of the present equity rules hy which merely…
2Cases cited4 opinions
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1895
- Sylvester v. BornSupreme Court of Pennsylvania · 1890
- Swisshelm v. Swissvale Laundry Co.Supreme Court of Pennsylvania · 1880
3Cited by17 opinions
- Payne v. ClarkSupreme Court of Pennsylvania · 1963
- Thorn v. BrowneCourt of Appeals for the Eighth Circuit · 1919
- Oliver, J. v. Ball, L. v. Harmon, J.Superior Court of Pennsylvania · 2016
- Phillips Et Ux. v. TetznerSupreme Court of Pennsylvania · 1947
- In Re West Chestnut Realty of Haverford, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1995
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