Luther v. Luther

Citations

• 216 Pa. 1
• 64 A. 868
• 1906 Pa. LEXIS 552

Syllabus

<p>Equity — Equity pleading — Equity practice.</p> <p>The relief afforded by a decree in equity must conform to the case as made out by the pleadings as well as to the proofs. Every fact essential to entitle a plaintiff to the relief which he seeks must be averred in his bill. Neither unproved allegations nor proofs of matters not alleged can be. made a basis for equitable relief.</p> <p>A decree declaring one of the defendants a trustee of real estate for the benefit of the complainant cannot be sustained where the only prayer of the bill was for a decree of specific performance against another defendant and the averments of the bill show that this was the only relief sought.</p>