Legal Opinion

Kenworthy v. Equitable Trust Co.

Supreme Court of Pennsylvania

Decided May 20, 1907No. Appeal, No. 67PublishedCited by 16 opinions

Appeal, No. 67, Jan. T., 1907, by defendant, from decree of C. P. No. 5, Phila: Co., March T., 1903, No. 3,316, on bill in equity in case of Joseph W. Ken-worthy et al. v. The Equitable Trust Co., Administrator for the Estate of Moses T. Johnson, deceased, et al. Bill in equity for an injunction.

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Appeal, No. 67, Jan. T., 1907, by defendant, from decree of C. P. No. 5, Phila: Co., March T., 1903, No. 3,316, on bill in equity in case of Joseph W. Ken-worthy et al. v. The Equitable Trust Co., Administrator for the Estate of Moses T. Johnson, deceased, et al. Bill in equity for an injunction. On exception to the adjudication, Martin, P. J., filed the following opinion : An interest in certain real estate, some of which was situate in the city of Philadelphia, and some in the state of Indiana, became vested in Moses T. Johnson, under the terms of two deeds of trust in which James P. Henry…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The record in this case shows that no final decree had been entered when the appeal was taken. Nor is the entry of any decree assigned for error. Under the authority of Watkins v. Hughes, 206 Pa. 526 and other cases there cited, this appeal should be quashed. Not one of the five assignments of error filed is in accordance with the rules'. The first three assign certain conclusions of law by the court below, but they do not give the language in which those conclusions were stated. They merely give counsel’s ideas as to the effect of that language. Moreover, the…

2Cases cited8 opinions

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  2. Watkins v. HughesSupreme Court of Pennsylvania · 1903
  3. Fitzpatrick v. EngardSupreme Court of Pennsylvania · 1896
  4. Church v. WintonSupreme Court of Pennsylvania · 1900
  5. Bayard v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1866

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Commonwealth Trust Co. CaseSupreme Court of Pennsylvania · 1938
  2. Hartje's EstateSupreme Court of Pennsylvania · 1942
  3. Smith v. SchollSupreme Court of Pennsylvania · 1918
  4. Elliott v. MOFFETTSupreme Court of Pennsylvania · 1950
  5. Harris v. SilvisSuperior Court of Pennsylvania · 1925

11 more not listed; retrieve them via the Exa API.

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