Kingshighway Presbyterian Church v. Sun Realty Co.

Action in equity whereby plaintiffs seek to enjoin defendants from erecting an automobile gasoline filling station on premises described in the petition, and to compel the removal of any such filling station or part thereof as defendants may erect during the pendency of this action. The trial resulted in a judgment dismissing plaintiffs’ bill, and Kingshighway Presbyterian Church appealed.

At the oral argument of the case, the question of our jurisdiction was suggested to counsel. In a reply brief thereafter filed, appellant claims that we have jurisdiction, (1) because defendants’ answer…