St. Andrew's Lutheran Church's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court at Nisi Prius : In Equity: No. 3, to July Term 1869. This was a bill filed, April 22d 1869, by William C. Ludwig against The St. Andrew’s Evangelical Lutheran Church of Philadelphia.
Read the full summary
Appeal from the decree of the Court at Nisi Prius : In Equity: No. 3, to July Term 1869. This was a bill filed, April 22d 1869, by William C. Ludwig against The St. Andrew’s Evangelical Lutheran Church of Philadelphia. The bill set out that, on the 23d of January 1837, David Winebrenner was seised of a square' of ground extending from Broad street on the east to Fifteenth street on the west, and from Arch street on the north to Cuthbert street on the south, in Philadelphia, and had divided it into a number of smaller lots; that on the same day they conveyed a number of these lots to divers…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The affirmance of the decree below might well be rested upon the clear and able opinion of the master.
It is not disputed that the covenant upon which the injunction was prayed ran with the land and was binding upon the defendants'; nor has it been pretended that a court of equity is not bound according to well-established principles and precedents to enforce the specific performance of such a covenant by restraining its breach unless some good ground can be shown to the contrary.
It has been argued but not much pressed, that the edifice…
2Cases cited2 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Trustees of St. Mary's Church v. MilesSupreme Court of Pennsylvania · 1836
3Cited by40 opinions
- Jones v. Park Lane for Convalescents, Inc.Supreme Court of Pennsylvania · 1956
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Johnson v. JonesSupreme Court of Pennsylvania · 1914
- Hohl v. ModellSupreme Court of Pennsylvania · 1919
- Satterthwait v. GibbsSupreme Court of Pennsylvania · 1927
35 more not listed; retrieve them via the Exa API.