Carroll v. Asbury
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T. 1904, by defendants, from decree of C. P. No. 1, Phila. Co., June T., 1908, No. 2650, on bill in equity in case of William G. Carroll v. T. Henry Asbury and Charles W. Asbury. Bill in equity for an injunction. Before Brégy, J. The facts are stated in the opinion of the Superior Court. Error assigned among others was the decree of the court.
1Opinion of the Court
Opinion bt
Porter, J.,
The numerous specifications of error in this case all go to the conclusions of law; no one of the findings of fact by the learned judge of the court below is directly challenged. There was no conflict of evidence as to the facts, and it is difficult to see how there could have been, for every fact material to the rights of the parties under the issue presented to the court below was distinctly averred by the plaintiff in his bill, and by the defendants in their answer expressly admitted to be true.
■ T. Henry Asbury being the sole owner of a large tract of land, in the…
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