Appeal of Western National Bank
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. , of Philadelphia county: In equity : Of July Term 1882, No. 166. This wits an appeal by the Western National Bank from a decree of said court, dismissing a bill in equity, filed by the bank against George Wood, trustee, praying for an injunction to restrain the defendant from using as a “party-wall” the eastern wall of the bank building, and other relief. An answer was filed, and the cause was referred to an Examiner and Master (Wm.
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Appeal from the Court of Common Pleas No. , of Philadelphia county: In equity : Of July Term 1882, No. 166. This wits an appeal by the Western National Bank from a decree of said court, dismissing a bill in equity, filed by the bank against George Wood, trustee, praying for an injunction to restrain the defendant from using as a “party-wall” the eastern wall of the bank building, and other relief. An answer was filed, and the cause was referred to an Examiner and Master (Wm. Wyune Wister, Jr. Esq.), from whose report the facts appeared to. be as follows :— The defendant, in 1881, pulled down…
1Opinion of the CourtJustice Trunkey
The elaborate and able argument for the appellant and an examination of the testimony have failed to convince us of any error in the finding of the material facts, or in the considerate opinion of the Master. His reasoning upon the controlling points vindicates the decree.
That the foundations of the solid division wall of eighteen inches in thickness erected by the owners of the lots, “ rested seven and three-quarter inches at the north and two and three-quarter inches at the south end, on the land of the Philadelphia Bank,” is a fact which the Master was warranted in finding; we think it…
2Cases cited1 opinion
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