Gatzmer v. St. Vincent School Society
Supreme Court of Pennsylvania
Appeal, No. 56, Jan. T., 1892, by plaintiffs, William H. Gatzmer et al., from decree of C. P. No. 3, Pbila. Co., March T., 1889, No. 415, dismissing bill in equity filed against the German Eoman Catholic St. Yincent School Society of Philadelphia, and Jacob S. Disston and Horace C. Disston. Bill in equity to compel the removal of certain houses erected on land in alleged violation of a covenant in a deed.
Read the full summary
Appeal, No. 56, Jan. T., 1892, by plaintiffs, William H. Gatzmer et al., from decree of C. P. No. 3, Pbila. Co., March T., 1889, No. 415, dismissing bill in equity filed against the German Eoman Catholic St. Yincent School Society of Philadelphia, and Jacob S. Disston and Horace C. Disston. Bill in equity to compel the removal of certain houses erected on land in alleged violation of a covenant in a deed. The bill averred that under a certain deed made by Gatzmer and others on the twenty-fifth day of February, 1856, a large tract of land at Tacony, in the Twenty-third Ward of the city of…
1Opinion of the Court
Pee Cueiam,
We are of opinion that the court below did not err in dismissing the complainants’ bill. The case is not so clear as to justify a mandatory injunction. It is, at least, doubtful, whether the building itself is a violation of the restriction. The improvements complained of consist of a boat house, club house, and building alleged to be used as a carpenter shop. The latter, however, appears to have been used as a carpenter shop merely for repairing the boats belonging to the club, and, occasionally, the construction of a new one. The club house in question is certainly not a…
2Cases cited1 opinion
- Mayer's AppealSupreme Court of Pennsylvania · 1873
3Cited by3 opinions
- BIG BASS LAKE COMMUNITY ASS'N v. WarrenCommonwealth Court of Pennsylvania · 2008
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
- Beck v. Frost, Pennsylvania Court of Common Pleas, Philadelphia County1960