Davis v. Malone

Citations

• 250 Pa. 557
• 95 A. 702
• 1915 Pa. LEXIS 988

Syllabus

<p>. Equity jurisdiction — Injunction in restraint of action at law— Scire facias sur mortgage — Defense—Adequate remedy at law.</p> <p>A bill in equity to restrain a defendant from prosecuting a writ of scire facias sur mortgage is properly dismissed on demurrer where it appears that the real issue between the parties is whether anything is due upon the mortgage, where all of the facts relied upon as ground for relief may be shown by proper evidence on the part of the defendant in the pending suit at law, and where there is no allegation of fraud, accident or mistake.</p>