Makof v. Sherman
Superior Court of Pennsylvania
Appeal, No. 14, Oct. T., 1908, by M. A. Brookman, from decree of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 848, awarding preliminary injunction in case of David Makof, liquidating trustee of the National Real Estate Securities Company, and M. A. Brookman v. Abram J. Sherman and W. B. Marker. Bill in equity for an injunction. The opinion of the Superior Court states the case. Error assigned was in awarding an injunction order against Mathias A. Brookman.
1Opinion of the Court
Opinion by
Morrison, J.,
The bill prays: 1. An injunction against conveying or incumbering by the defendants, the real estate specified. 2. A decree that the same be conveyed to David Makof, or his vendees as liquidating trustee. 3. An injunction against interference with the action of Makof as liquidating trustee. 4. General relief.
Appellant’s counsel states the question involved as follows: “Whether the court should enjoin one of the plaintiffs in a bill at its own instance, without any allegation or prayer in the pleadings to that end, and without a cross bill, from conveying real estate…
2Cases cited10 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
- Easton Pass. Ry. Co. v. City of Easton, Pennsylvania Court of Common Pleas, Northampton County1890
- McCune v. LytleSupreme Court of Pennsylvania · 1900
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