Wilson v. Buchanan
Supreme Court of Pennsylvania
Appeal No. 5, July T., 1895, by plaintiff, from decree of C. P. McKean Co., Feb. T., 1895, No. 1, dismissing bill in equity. Bill in equity to set aside a judgment, and for specific performance.
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Appeal No. 5, July T., 1895, by plaintiff, from decree of C. P. McKean Co., Feb. T., 1895, No. 1, dismissing bill in equity. Bill in equity to set aside a judgment, and for specific performance. The bill alleged a contract dated Nov. 4, 1885, between appellee of the one part, and appellant (then Rebecca B. Pierce, since intermarried with Noah Wilson) and John Banks (who afterwards assigned his interest to her) of the other part, to transfer certain leasehold estate mineral right and oil property for the consideration of $3,000 then paid and $11,500 to be thereafter paid with interest, by…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
There has been a lack of uniformity in the decisions in this state upon the question whether the hearing and dismissal of a motion for equitable relief in a court of law will preclude a *23subsequent appeal to chancery. The general rule is that to render the adjudication of a court of law conclusive in a court of equity the jurisdiction of the former must be broad enough to cover the whole ground and leave no essential point untouched. When this is the case, especially in courts which administer equity in common law proceedings, there seems to be no substantial reason…
2Cases cited4 opinions
- Frauenthal's AppealSupreme Court of Pennsylvania · 1882
- Gordinier's AppealSupreme Court of Pennsylvania · 1879
- Gravenstine's AppealSupreme Court of Pennsylvania · 1865
- Wistar v. McManesSupreme Court of Pennsylvania · 1867
3Cited by8 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Bernhard v. Idaho Bank & Trust Co.Idaho Supreme Court · 1912
- Kowatch v. Home Building & Loan Ass'nSuperior Court of Pennsylvania · 1938
- Sherwood Bros. Co. v. KennedySuperior Court of Pennsylvania · 1938
- Straw v. MurphySupreme Court of Pennsylvania · 1897
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