Legal Opinion

Simon v. Simon

Supreme Court of Pennsylvania

Decided July 12, 1894No. Appeal, No. 38PublishedCited by 5 opinions

Appeal, No. 38, May T., 1894, by plaintiff, from decree of C. P. Dauphin Co., Equity DoeketNo. 151, dismissing bill in equity. Bill to set aside deed. Before SlMONTON, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was dismissal of bill.

1Opinion of the Court

Opinion by

Mr. Justice Green,

We think this case was correctly ruled by the learned court below. While it is entirely true that, in circumstances which have been well defined in several of the decisions of this court, equity will, upon proper occasion, intervene and set aside voluntarily executed deeds and other instruments, yet the power to do so is of an exceedingly delicate character, not to be lightly exercised, and only to be invoked when the manifest justice of the case requires it. An examination of the testimony shows that the leading facts and circumstances which induce judicial action…

2Cited by5 opinions

  1. Rynd v. BakerSupreme Court of Pennsylvania · 1899
  2. Smiles v. DaubeSuperior Court of Pennsylvania · 1937
  3. Vaughn v. VaughnSupreme Court of Pennsylvania · 1907
  4. Edwards v. ThomasSupreme Court of Pennsylvania · 1895
  5. Lochinger v. HanlonSupreme Court of Pennsylvania · 1943

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