Piro v. Shipley
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1904, by defendant, from decree of C. P. No. 1, Phila. Co., March T., 1903, No. 4433, on bill in equity in case of Pasquale Piro v. Samuel R. Shipley et al., Trustees of Stephen Smith, deceased; Roland R. Foulke et al., Respondents. Bill in equity for an injunction.
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Appeal, No. 185, Jan. T., 1904, by defendant, from decree of C. P. No. 1, Phila. Co., March T., 1903, No. 4433, on bill in equity in case of Pasquale Piro v. Samuel R. Shipley et al., Trustees of Stephen Smith, deceased; Roland R. Foulke et al., Respondents. Bill in equity for an injunction. Biddle, P. J., reported the facts to be as follows: 1. That the plaintiff owns the property on the southeast corner of Ninth and Christian streets, known as 848 Christian street, having obtained it b}' deed dated October 28, 1899, from one D’Amico, who acquired it bjr deed dated October 2, 1889, from one…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Under the testimony- there can be little or no dispute as to *45the facts in the case, which have been fully and correctly found by the learned trial judge; and his conclusions of law are amply sustained by the numerous authorities he cites. Little need be said in vindication of his decree.
We agree with the learned counsel for appellants that a court of equity has no jurisdiction to restrain by injunction an interference with a legal right which is in doubt and rests upon disputed questions of fact. Before a party can invoke the aid of a chancellor in such cases,…
2Cases cited1 opinion
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