Home Protective Savings & Loan Assn. v. McCarter

Citations

• 68 Pa. Super. 120
• 1917 Pa. Super. LEXIS 82

Syllabus

<p>Equity — Injunction—Removal of building by mortgagor — Costs. A decree of a court of equity imposing costs upon the defendant in a decree dissolving a preliminary injunction and dismissing a bill, will be sustained, where it appears that the bill was filed by a mortgagee to restrain the mortgagor from removing a building from the mortgaged premises; that after a preliminary injunction had been granted the bill was taken pro eonfesso; that upon further consideration of the bill, after the decree pro eonfesso had been entered, the mortgagor admitted that he intended to remove the house; and that subsequently he paid the mortgage debt and it was duly satisfied of record. In such a case the only question that can be considered on the appeal is the disposition of the costs, and these are within the sound discretion of the court below. The fact that the injunction affidavits on which the preliminary injunction wa9 awarded, were not in compliance with the equity rules, will not be considered by the appellate court.</p>