Davis v. Malone
Supreme Court of Pennsylvania
Appeal, No. 58, Jan. T., 1915, by plaintiff, from decree of C. P. Lancaster Co., Equity Docket, No. 6, page 20, refusing an injunction in case of B. F. Davis v. John E. Malone, William Anderson, Emanuel Kern, James G. Fowkes, Joseph W. Kenr worthy, Trustee in Bankruptcy of James G. Fowkes, Joseph W. Kenworthy, Adolf Segal, Harrison Snyder, George Snyder, John M. Groff, The Pennsylvania Water & Power Company.
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Appeal, No. 58, Jan. T., 1915, by plaintiff, from decree of C. P. Lancaster Co., Equity Docket, No. 6, page 20, refusing an injunction in case of B. F. Davis v. John E. Malone, William Anderson, Emanuel Kern, James G. Fowkes, Joseph W. Kenr worthy, Trustee in Bankruptcy of James G. Fowkes, Joseph W. Kenworthy, Adolf Segal, Harrison Snyder, George Snyder, John M. Groff, The Pennsylvania Water & Power Company. Bill in equity ‘to restrain defendant from prosecuting an action of scire facias sur mortgage. Before Hassle®, J. The facts appear by the opinion of the. Supreme Court. . The defendant…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This tnll in equity was filed hy plaintiff to restrain the defendant from prosecuting a writ of scire facias upon a mortgage on certain real estate, the title to which had become vested in appellant, subject to the said mortgage. The writ of scire facias was issued September 20, 1913, an affidavit of defense was filed, and it was not until July 14, 1914, that this bill was filed tO' restrain further proceedings. The court below sustained a demurrer to the bill, and dismissed it, on the ground that the remedy of plaintiff in the action at law, was adequate and…
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