McFarland v. Heverly
Superior Court of Pennsylvania
Appeal, No. 195, Oct. T., 1910, by defendant, from decree of C. P. Clearfield Co., Sept. T., 1910, No. 3,-awarding injunction in case of J. F. McFarland et al. v. Charles M. Heverly. Bill in equity for an injunction.
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Appeal, No. 195, Oct. T., 1910, by defendant, from decree of C. P. Clearfield Co., Sept. T., 1910, No. 3,-awarding injunction in case of J. F. McFarland et al. v. Charles M. Heverly. Bill in equity for an injunction. Smith, P. J., filed an opinion which was in part as follows: The principal question on which this case turns is the force and effect of the deed of August 16, 1844,. from Hard-man Philips to Edward N. Tipton, Jesse Hoover and Benjamin Hartman, Jr., trustees, etc. The grantees in that deed are described as “the trustees of the Baptist Meeting House lot and buildings of Beccaria…
1Opinion of the Court
Opinion by
Rice, P. J.,
One of the questions raised in this appeal is whether the *441decree went beyond the scope of the bill. A proper understanding of the question and our decision requires a somewhat detailed statement of the allegations and prayers of the bill and a reference to the principal features of the decree.
According to the averments of the bill the matters in respect of which the plaintiffs claimed equitable relief were: first, that part of a two acre tract embraced in a deed from Hardman Phillips to the trustees of the Baptist Meetinghouse of Baccaria, which part was inclosed by a…
2Cases cited14 opinions
- Luther v. LutherSupreme Court of Pennsylvania · 1906
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Thompson v. ThompsonSupreme Court of Pennsylvania · 1889
- Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
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3Cited by1 opinion
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912