Crofton v. St. Clement's Church
Supreme Court of Pennsylvania
Appeal, No. 126, Jan. T., 1903, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dee. T., 1901, No. 4542, dismissing bill in equity in case of Alice Crofton y. Rector, Church Wardens and Vestrymen of St. Clement’s Church. Bill in equity for an injunction. Before McMichael, J. The facts are stated in the opinion of the Supreme Court. The following diagram shows the locus in controversy. The court entered a decree dismissing the bill.
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Appeal, No. 126, Jan. T., 1903, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dee. T., 1901, No. 4542, dismissing bill in equity in case of Alice Crofton y. Rector, Church Wardens and Vestrymen of St. Clement’s Church. Bill in equity for an injunction. Before McMichael, J. The facts are stated in the opinion of the Supreme Court. The following diagram shows the locus in controversy. The court entered a decree dismissing the bill. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The decree in this case is on bill and answer. There are no disputed facts. The complaint of the appellant is, that the court below did not properly construe the restriction imposed on the title of the appellees, owning the lot adjoining her on the east. She owns lot No. 2028 and the appellees 2026, fronting on the south side of Cherry street, in the city of Philadelphia. Both were formerly owned by William S. Wilson, who, *212in 1859, conveyed them to John B. Spackman. In the deed for lot No. 2026 there is the following restriction: “ Under and subject, nevertheless,…
2Cases cited1 opinion
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