Davis v. Willig

Citations

• 56 Pa. Super. 423
• 1914 Pa. Super. LEXIS 104

Syllabus

<p>Equity — Equity practice — Cross bill.</p> <p>1. The defendant in an equity suit cannot have affirmative relief against the plaintiff even in the subject-matter of the suit, except by cross bill.</p> <p>Equity — Equity practice — Findings of fact by a trial judge.</p> <p>2. The findings of fact by a judge in an equity proceeding will not be set aside, except for manifest error.</p> <p>Equity — Jurisdiction—Remedy at law — Ejectment—Possession and title to land — Findings of fact — Party fence.</p> <p>3. Where a bill in equity is filed to restrain the defendant named therein from interfering with the plaintiff in erecting a fence and the plaintiff obtains a preliminary injunction, and the court finds as a fact that the land in dispute was in the possession of the defendant when the injunction issued, the bill will be dismissed on the ground that the plaintiff has an adequate remedy at law by ejectment.</p>