Phillips v. Dunseith
Supreme Court of Pennsylvania
Appeal, No. 60, Oct. T., 1920, by plaintiffs, from decree of O. P. Allegheny Co., Oct. T., 1917, No. 1344, dismissing bill in equity in case of Henry A. Phillips and Margaret E. Phillips v. David A. Dunseith and Allegheny Auto Co. Bill in equity for injunction. Before Wasson, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
What has been said in the case, Phillips v. Donaldson, 269 Pa. 244, would apply to this appeal but for the laches of appellee.
In 1909 the old church building, located on Eidge avenue and referred to in the former appeal, was leased and turned into a garage, principally for storage purposes. The lease and business changed ownership and the real estate was purchased from the church in 1912. In 1917 a new lease was. made to the present tenant for a term of five years. When the appellee, Dunseith, purchased the property, it had been used as a garage for three years.…
2Cases cited3 opinions
- Phillips v. DonaldsonSupreme Court of Pennsylvania · 1920
- Hohl v. ModellSupreme Court of Pennsylvania · 1919
- Landell v. HamiltonSupreme Court of Pennsylvania · 1896
3Cited by8 opinions
- Macatee v. BiascocheaSupreme Court of Puerto Rico · 1927
- Boyer v. SchochSuperior Court of Pennsylvania · 1923
- Beck v. Frost, Pennsylvania Court of Common Pleas, Philadelphia County1960
- Hogan v. Rose, Pennsylvania Court of Common Pleas, Philadelphia County1930
- Hitchner v. Gustainis, Pennsylvania Court of Common Pleas, Luzerne County1946
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