Dohnert's Appeal
Supreme Court of Pennsylvania
Appeal from Nisi Prius. In Equity: No. 20, to January Term 1869. On the 5th of November 1868, John H. Dohnert filed a bill against Richard Wistar and W. L. Wistar, in their own right and as trustees under the will of Sarah Wistar, deceased, Sarah Hopkinson, Alexander E. Harvey and Rachel L. his wife, in her right, Lewis A. Scott and Francis A. his wife, in her right.
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Appeal from Nisi Prius. In Equity: No. 20, to January Term 1869. On the 5th of November 1868, John H. Dohnert filed a bill against Richard Wistar and W. L. Wistar, in their own right and as trustees under the will of Sarah Wistar, deceased, Sarah Hopkinson, Alexander E. Harvey and Rachel L. his wife, in her right, Lewis A. Scott and Francis A. his wife, in her right. The bill set forth:— 1. That Sarah Wistar, on the 27th of January 1853, by five several deeds conveyed to the plaintiff five lots of ground on Washington street, Philadelphia, reserving a ground-rent of $85 per annum on each lot,…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The jurisdiction of this court to exercise the powers of a court of chancery, depends upon statutory enactments. The Constitution of the Commonwealth, Art. V., sect. 6, provides, that the legislature shall vest in the Supreme Court and several Courts of Common Pleas, besides the powers theretofore actually exercised by them, and certain enumerated powers, “ such other powers to grant relief in equity, as shall he found necessary, and may from time to time enlarge or diminish those powers, or vest them in such other courts as they shall…
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