Fidelity-Philadelphia Trust Co. v. Kraus

Opinion by

Mr. Justice Linn,

This is a bill to construct a trust for plaintiff’s benefit of a writ of mandamus execution in possession of the defendant, Kraus.

Premises abutting on Market Street, Philadelphia, were injuriously affected by a change of grade of the street between 30th and 31st streets begun May 4, 1931. Title to the property was in Sarah Mayer who assigned the claim for damages to the executor and trustee of Kraus (one of the appellees) for whom, it was suggested in the record, she held title. On July 25, 1933, Kraus, executor and trustee, filed his petition in Common Pleas Number…