Lyon's Appeal
Supreme Court of Pennsylvania
This was a certificate from' Nisi Prius, No. 60, to January Term 1868. In Equity. The proceeding was a bill filed February 27th 1868, by Joseph Wagner Jermon and Sarah Ann his wife in her right against Edward Lyon, Thomas Lyon and George W. Taylor, trading as Lyon & Taylor and Peter Lyle, sheriff.
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This was a certificate from' Nisi Prius, No. 60, to January Term 1868. In Equity. The proceeding was a bill filed February 27th 1868, by Joseph Wagner Jermon and Sarah Ann his wife in her right against Edward Lyon, Thomas Lyon and George W. Taylor, trading as Lyon & Taylor and Peter Lyle, sheriff. The bill alleged that Mrs. Jermon was the owner of certain real estate at Broad and Oxford streets, Philadelphia, which had been conveyed to her in February 1865, subject to a mortgage dated April 13th 1861 given by former owner to the Belianee Insurance Company; that on the 20th of July 1865 the…
1Opinion of the Court
The opinion of the court was delivered, February 23d 1869, by
Agnew, J.
This appeal must be decided upon the state of the case at the time of the decree granting the preliminary injunction. The answer filed afterwards is therefore not before us: Mining Co. v. Pottsville Water Co., 4 P. F. Smith 164. The plaintiff’s bill is founded in the power to grant relief by restraining acts contrary to law and prejudicial to the interests of individuals, which has been construed to include acts contrary to equity: Stockdale v. Ullery, 1 Wright 486. The defendants have, at law, a right to execution of the…
2Cited by2 opinions
- Hopkins Manufacturing Co. v. KettererSupreme Court of Pennsylvania · 1912
- Kiedaisch v. Elkins Park National BankSupreme Court of Pennsylvania · 1936