Legal Opinion

Fishel Et Ux. v. McDonald Et Ux.

Superior Court of Pennsylvania

Decided April 14, 1948No. Appeal, 1PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Reno, J.,

Plaintiffs appealed from a decree sustaining preliminary objections to their bill in equity, upon which the court below ruled that “a court of equity has no jurisdiction and that the plaintiffs have a full, adequate and complete remedy at law.”

Succinctly stated, the bill averred these facts: In 1928 David A. Hammond conveyed property to plaintiffs, husband and wife, subject to a mortgage given by Hammond to the Keystone-Westmoreland Building and Loan Association, and plaintiffs gave their mortgage to Hammond for part of the purchase price. Later in 1928 plaintiffs conveyed…

2Cases cited20 opinions

  1. N.Y. Life Ins. Co. v. Brandwene Et Ux.Supreme Court of Pennsylvania · 1934
  2. Rice v. BradenSupreme Court of Pennsylvania · 1914
  3. Custis v. SerrillSupreme Court of Pennsylvania · 1931
  4. Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
  5. Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869

15 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. The MacCabees v. CappasSuperior Court of Pennsylvania · 1948
  2. Fishel v. McDonaldSupreme Court of Pennsylvania · 1954
  3. Elkay Steel Co. v. Collins, Pennsylvania Court of Common Pleas, Alleghany County1957
  4. McMunn v. Upperman, Pennsylvania Court of Common Pleas, Lawrence County2006

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