Duncan v. H. & G. Iron Works

Citations

• 136 Pa. 478
• 20 A. 647
• 1890 Pa. LEXIS 1045

Syllabus

<p>Where, on a bill filed to enjoin the defendant; from the further mining of ore and for an account, it is disclosed that the legal right of the defendant to do the acts complained of is the controlling question in the ease, and depends upon the construction of the will of a former owner under which both parties claim title, and all right in the defendant under said will is wholly denied by the plaintiff, it is not error to dismiss the bill for want of jurisdiction: North Penn. Coal Co. v. Snowden, 42 Pa. 488; Grubb’s App., 90 Pa. 229 ; Ferguson’s App., 117 Pa. 426.</p>