Muzzarelli v. Hulshizer
Supreme Court of Pennsylvania
Appeal, No. 319, Jan. T., 1894, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sept. Term, 1893, No. 954, refusing preliminary injunction. Bill in equity to enforce building restriction. The facts appear by the opinion of the Supreme Court. ' The court refused the injunction in the following oral opinion by Bkggy, J.: “ I hare carefully considered this case and have decided to refuse the injunction prayed for in the bill.
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Appeal, No. 319, Jan. T., 1894, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sept. Term, 1893, No. 954, refusing preliminary injunction. Bill in equity to enforce building restriction. The facts appear by the opinion of the Supreme Court. ' The court refused the injunction in the following oral opinion by Bkggy, J.: “ I hare carefully considered this case and have decided to refuse the injunction prayed for in the bill. I do this principally upon the ground that the locality of Ninth and Vine streets, in the city of Philadelphia, has- entirely changed its character from being a place…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
This appeal is from the refusal to grant a preliminary in.~ junction restraining defendants from violating the building restriction contained in the deed, hereinafter referred to, under which they derive title.
So far as they are material to the question involved in this ■contention, the facts are sufficiently stated in the bill. In 1830, Mrs. Elizabeth B. Sergeant owned three adjoining lots, ■each fronting twenty feet and four inches on the west side of North Ninth street, Philadelphia, and extending bach, preserving same width, about one hundred and…
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