Dillon v. Hegarty
Supreme Court of Pennsylvania
Appeal, No. 310, Jan. T., 1908, by defendants, from decree of C. P. Clearfield Co., Dec. T., 1905, No. 3, on bill in equity in case of Ida Dillon, widow, and other heirs of John B. Dillon v. A. L. Hegarty and W. W. Hegarty. Bill in equity to cancel a paper purporting to be a deed and to remove cloud on title. Before Gtllan, P. J., specially presiding. The opinion of the Supreme Court states the case.
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Appeal, No. 310, Jan. T., 1908, by defendants, from decree of C. P. Clearfield Co., Dec. T., 1905, No. 3, on bill in equity in case of Ida Dillon, widow, and other heirs of John B. Dillon v. A. L. Hegarty and W. W. Hegarty. Bill in equity to cancel a paper purporting to be a deed and to remove cloud on title. Before Gtllan, P. J., specially presiding. The opinion of the Supreme Court states the case. The court entered a decree declaring the instrument in writing in controversy null and void, and directing it to be stricken from the record as a cloud upon plaintiff’s title. Error assigned was…
1Opinion of the Court
Opinion'by
Mr. Justice Stewart,
The bill filed in this case contains averments which, if true, show a clear case for equitable relief, but not the specific relief asked for in the prayer of the bill. If the instrument which gave rise to the dispute is simply an obligation for the payment of money, it is difficult to see how it could be a cloud upon plaintiff’s title to' the land; and if that is all it is, it is quite as difficult to see how a court of equity could relieve against it. Whether it is an enforceable pecuniary obligation, and if so, how much is owing upon it, are questions to be…
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