Legal Opinion

Clark v. Martin

Supreme Court of Pennsylvania

Decided March 28, 1865PublishedCited by 13 opinions

This was an appeal by defendant from the order of the court below, dismissing a motion to set aside writs of assistance and fi. fa. for costs granted to enforce decree in equity made as above stated.

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This was an appeal by defendant from the order of the court below, dismissing a motion to set aside writs of assistance and fi. fa. for costs granted to enforce decree in equity made as above stated. The facts, up to the time of the decree, appear in the case of Clark v. Martin, ante p. 291. The decree having been drawn for the removal of the building erected in violation of the restriction, and a copy served on defendant’s counsel, was filed, by the court, June 26th 1862, without amendment. June 30th 1862, complainant sued out a writ of perpetual injunction, being in substance a copy of the…

1Opinion of the Court

The following opinion, on the motion of Charles S. Coxe, was delivered by

Woodward, C. J.

The executor of the mortgagee of Martin asks to have the decree opened, and himself admitted to defend against the plaintiff’s bill, on the ground that the mortgagee was not made a party to the proceeding that has been had, and that the decree was founded on a mistake of fact. The mistake consisted in Judge Lowrie’s assumption that Alexander Henry was the owner of both lots (Clark’s and Martin’s) in 1814, when he conveyed the Martin lot subject to the restriction in question; whereas, in point of fact, he…

2Cases cited1 opinion

  1. Baldwin v. PattonSupreme Court of Pennsylvania · 1840

3Cited by13 opinions

  1. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  2. London v. KingsleySupreme Court of Pennsylvania · 1951
  3. Phillips Et Ux. v. TetznerSupreme Court of Pennsylvania · 1947
  4. Baily PetitionSupreme Court of Pennsylvania · 1950
  5. Jordan v. ChambersSupreme Court of Pennsylvania · 1910

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