West Washington Borough v. Fouse

Citations

• 41 Pa. Super. 462
• 1910 Pa. Super. LEXIS 250

Syllabus

<p>Ejectment — Equitable remedies — Equity—Res adjudicata.</p> <p>Where a borough wrongfully enters upon a corner lot for the purpose of widening a street, and judgment is entered against it in an ejectment by the owner, but execution is stayed on a bond being entered to secure the owner in condemnation proceedings, the borough cannot, after having failed to appeal in the ejectment, or to proceed to condemn, maintain a bill in equity to enjoin the owner from interfering with the use of the lot as a street.</p>