Real Estate Trust Co. v. Hatton

Citations

• 194 Pa. 449
• 45 A. 379
• 1900 Pa. LEXIS 416

Syllabus

<p>Equity — Mortgage—Waste—Injunction.</p> <p>A mortgagee may maintain a bill in equity to restrain the digging of clay and the construction of a brickyard on the mortgaged premises, if such work will cause a material depreciation in the value of the property.</p> <p>Where a bill in equity to prevent waste furnished grounds for an injunction, and the only doubt raised as to whether the injunction shall issue is based upon defendant’s answer to the bill, and the assurance of his counsel in court that he had no intention of doing that of which plaintiffs complain, the bill, should be maintained, with leave to plaintiffs to move for an injunction whenever the defendant disregards their avowed intentions.</p>