Asbury v. Carroll
Superior Court of Pennsylvania
Appeal, No. 272, Oct. T., T912, by defendant, from decree of C. P. No. 2, Phila. Co., Dec. T., 1911, No. 1,245, on bill in equity in case of Mary E. Asbury et al., Trustees under the will of T. Henry Asbury, deceased, and Charles W. Asbury v. William G. Carroll. Bill in equity to compel the removal of a garage. At the trial it appeared that on March 20, 1893, T. Henry Asbury granted and conveyed to William G. Carroll two lots of ground.
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Appeal, No. 272, Oct. T., T912, by defendant, from decree of C. P. No. 2, Phila. Co., Dec. T., 1911, No. 1,245, on bill in equity in case of Mary E. Asbury et al., Trustees under the will of T. Henry Asbury, deceased, and Charles W. Asbury v. William G. Carroll. Bill in equity to compel the removal of a garage. At the trial it appeared that on March 20, 1893, T. Henry Asbury granted and conveyed to William G. Carroll two lots of ground. The deed contained the following restrictions: "That no carpenter, blacksmith, currier or machine shop, livery stable, piggery, slaughter house, or factory of…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiffs filed a bill praying for an injunctive decree, mandatory in its nature, requiring the defendant to take down and remove a small stone building which he had erected on his property to be used as a private garage for the storage of an electric automobile. The learned trial judge directed that such a decree be entered and his action was afterwards affirmed by a divided court in banc. A dissenting opinion was filed by Judge Babbatt. From that decree this appeal was taken.
The considerations which should move a chancellor to grant -or refuse a mandatory injunction…
2Cases cited4 opinions
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
- Beckwith v. PirungAppellate Division of the Supreme Court of the State of New York · 1909
- Wakeling v. CockerSupreme Court of Pennsylvania · 1904
- Liggett v. KaufmannSuperior Court of Pennsylvania · 1901
3Cited by6 opinions
- BIG BASS LAKE COMMUNITY ASS'N v. WarrenCommonwealth Court of Pennsylvania · 2008
- Peoples-Pittsburgh Trust Co. v. BlickleSupreme Court of Pennsylvania · 1938
- Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956
- Seitz v. 6130 West, LLC (In re Joey's Steakhouse, LLC)United States Bankruptcy Court, E.D. Pennsylvania · 2012
- Hill v. HittelSuperior Court of Pennsylvania · 1916
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