Clad v. Paist

Citations

• 181 Pa. 148
• 37 A. 194
• 1897 Pa. LEXIS 518

Syllabus

<p>Equity — Jurisdiction—Beal estate.</p> <p>Where parties are within its jurisdiction, a court of equity will under ordinary circumstances grant relief even in reference to a subject-matter beyond the territorial cognizance of the court.</p> <p>A bill in equity was filed in Philadelphia county to restrain the obstruction of a right of way in Chester county, dedicated by the defendant to public use. The plaintiffs resided in Chester county, and the defendant in Montgomery county. Held, that the court of common pleas of Philadelphia county had jurisdiction of the case.</p> <p>Equity — Injunction—Obstruction of right of way.</p> <p>A bill in equity to enjoin the obstruction of a right of way by a building will not be dismissed because the defendant avers that he did not intend to build without the plaintiffs’ consent, if the testimony shows that prior to the filing of the bill the defendant threatened to build on the land, and manifested a purpose to take it for his exclusive benefit.</p>