Morrison v. Ann Carmichael Memorial Presbyterian Church

Citations

• 273 Pa. 162
• 116 A. 801
• 1922 Pa. LEXIS 541

Syllabus

<p>Equity — Injunction — Restraining erection of party wall — Church — Charier—A Hey.</p> <p>1. An owner of land abutting on land owned by a church, has no standing to maintain a bill in equity against the church to restrain it from erecting a party wall, for the reason that the charter of the church provided that neither congregation, or its trustees, should at any time cause the land “to be sold or give any mortgage or lien on their church or grounds.”</p> <p>2. Even if the plaintiffs had a standing, they are not entitled to relief on the ground the wall would lessen the -width of an alleyway owned by them, where it appears that when they purchased their land and laid out the alley, they knew or ought to have known that the adjoining owner had a right to construct the wall.</p>