Williams's Appeal

Citations

• 1 Monag. 274
• 16 A. 810
• 1889 Pa. LEXIS 1297

Syllabus

<p>Where a court of equity takes cognizance of a cause of litigation, it will dispose of every subject within the circle of contest, whether the question be of remedy or of distinct yet connected topics of dispute.</p> <p>A supplemental bill in equity, in aid of a final decree in equity, the object of which is to compel the carrying out of the decree, and to give full and complete effect to it, will be entertained.</p> <p>The case of Winton’s Ap., 97 Pa. 385, applied.</p> <p>On a supplemental bill in equity, it appeared that the original billin equity •was for partition. Under the original bill, a sale was had of the real estate in controversy, a slate quarry, and was purchased by the complainant in the supplemental bill. After the sale, and before the delivery of the deed by the master, the defendant in the supplemental bill removed a portion of the machinery and fixtures upon the property, used in quarrying the slate and preparing it for market. The defendant not having received his share of the purchase money, the complainant prayed that the value of the jfixtures so removed should be deducted from it. Held, that the court had jurisdiction to entertain the supplemental bill, and that the deductions should be made.</p> <p>On a master’s sale in partition of a slate quarry, articles which were useful and necessary in operating the works, and which were visible on the property at the time of the sale, as between vendor and vendee, pass as fixtures by the sale.</p>