Caveny v. Curtis
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1916, by plaintiff, from decree of C. P. Montgomery Co., March T., 1913, No. 4, refusing an injunction, in case of William E. Caveny v. H. Agnes Curtis, D. Foster Hewett and The Montgomery Trust Company, Guardian of Charles Francis Hewett and George Hale Hewett, Minors. Bill in equity for an injunction. Before Swartz, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed.
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Appeal, No. 95, Jan. T., 1916, by plaintiff, from decree of C. P. Montgomery Co., March T., 1913, No. 4, refusing an injunction, in case of William E. Caveny v. H. Agnes Curtis, D. Foster Hewett and The Montgomery Trust Company, Guardian of Charles Francis Hewett and George Hale Hewett, Minors. Bill in equity for an injunction. Before Swartz, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice Feazee,
Plaintiff appeals from a decree of the Court of Common Pleas of Montgomery County dismissing a bill in equity brought to restrain a conveyance of realty made without inserting in the deed certain restrictions forbidding the use of the property for offensive purposes.
Defendants were tenants-in-common of a tract of land containing about fifty-two acres, and, desiring to sell the same, written authority was given to a real estate dealer, Maurice J. Hoover, to dispose of the property; the agreement stipulating the minimum price for which various parts of the land…
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