Legal Opinion

Smyth v. McCarroll

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 330PublishedCited by 5 opinions

Appeal, No. 330, Oct. T., 1920, by plaintiff, from decree of C. P. Montgomery County, sitting in equity, Dec. T., 1919, No. 4, dismissing bill in equity in the case of John W. Smyth v. William J. McCarroll. Bill in equity for injunction to restrain the erection of a private garage. Before Swartz, P. J.. The facts are stated in the opinion of the Superior Court. The court dismissed the bill. Plaintiff appealed.

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Appeal, No. 330, Oct. T., 1920, by plaintiff, from decree of C. P. Montgomery County, sitting in equity, Dec. T., 1919, No. 4, dismissing bill in equity in the case of John W. Smyth v. William J. McCarroll. Bill in equity for injunction to restrain the erection of a private garage. Before Swartz, P. J.. The facts are stated in the opinion of the Superior Court. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was the decree of the court. — The erection of the private garage on the defendant’s lot violated the restrictions in, the defendant’s deed: Landell v.…

1Opinion of the Court

Opinion by

Linn, J.,

This appeal is from the refusal to restrain alleged violation of a building restriction. The decree is based on findings of fact supported by evidence and is justified by appellee upon two theories: (1) that the restriction does not prohibit the construction of the garage on the proposed location and (2) if it does, the parties to be benefited by it have so changed the conditions that it would be inequitable to enforce the restriction against defendant. The bill averred that defendant owned a corner lot for convenience called B; that complainant owned the adjoining lot on…

2Cases cited1 opinion

  1. Johnson v. JonesSupreme Court of Pennsylvania · 1914

3Cited by5 opinions

  1. Gibson v. MainSupreme Court of Delaware · 1925
  2. Gibson v. MainCourt of Chancery of Delaware · 1923
  3. Daniels v. Everett, Pennsylvania Court of Common Pleas, Monroe County1966
  4. Frederick v. Rutherford, Pennsylvania Court of Common Pleas, Lehigh County1925
  5. Valley Green Residents Ass'n v. Marmar, Pennsylvania Court of Common Pleas, Philadelphia County1979

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