Appeal of Ferguson
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY, IN EQUITY. No. 32 July Term 1886, Sup. Ct.; court below, No. 5 April Term 1883, C. P., in equity. This was a proceeding by a bill in equity filed on March 20, 1883, by F. W. Mason and Sarab E. Mason, his wife, in right of said wife, against Jolm Ferguson and Frances E. Ferguson, his wife.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY, IN EQUITY. No. 32 July Term 1886, Sup. Ct.; court below, No. 5 April Term 1883, C. P., in equity. This was a proceeding by a bill in equity filed on March 20, 1883, by F. W. Mason and Sarab E. Mason, his wife, in right of said wife, against Jolm Ferguson and Frances E. Ferguson, his wife. The bill averred that on July 1, 1869, Joseph T. Fellows became seized in fee of a parcel of land in the Fifth ward of the city of Scranton, containing eight acres more or less; that he caused said land to be laid out and plotted into…
1Opinion of the Court
Opinion,
Mu. Justice Paxson :
The principal question in this case is one of jurisdiction. The general rule is, that “ where rights which are legal are asserted on one side and denied on the other the remedies are at law. They cannot be settled under equity forms. In actions respecting real property, therefore, if there be no equitable ground of relief involved, the rights of the parties must be determined at law; when thus determined, or when they are admitted in the. pleadings, or otherwise clearly appear, an equity based upon that right, superinduced by the acts of the parties, may be…
2Cases cited9 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
- Transue v. SellSupreme Court of Pennsylvania · 1884
- Washburn's AppealSupreme Court of Pennsylvania · 1884
- Burgess of Birmingham v. AndersonSupreme Court of Pennsylvania · 1865
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3Cited by40 opinions
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