Pittsburg, Johnstown, Ebensburg & Eastern Railroad v. Altoona & Beech Creek Railroad

Citations

• 203 Pa. 108
• 52 A. 13
• 1902 Pa. LEXIS 659

Syllabus

<p>Equity — Res adjudicata — Forfeiture of railroad lease — Writ of assistance.</p> <p>On an application for a writ of assistance to place a lessor in possession of leased property after a decree of forfeiture of the lease, the court will consider as finally adjudicated all questions relating to the right of forfeiture which were considered in the forfeiture proceedings, or which should have been then presented for consideration.</p> <p>Railroads — Lease—Writ of assistance — Forfeiture.</p> <p>Where a decree of forfeiture of a railroad lease entered because of failure to perform a covenant to build certain miles of railroad has been modified by the Supreme Court, so as to extend the time for the performance of the covenant, a writ of assistance should not be granted to the lessor before the expiration of the extended time ; but a decree granting a writ of assistance will not be reversed by the Supreme Court where it appears that at the time the writ was issued only five days remained in which to complete fifty or sixty miles of railroad, and that consequently the covenant could not have been performed within the extended time.</p>