4 Sadler 496
Decided January 17, 1887
Supreme Court of Pennsylvania · decided 1887-01-17
January Term, 1886, No. 205, E. D., before Mercur, Ch. J., Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Appeal from a decree of the Common Pleas No. 1 of Philadelphia County, sustaining a demurrer to a hill in equity to restrain defendant from committing a waste.
Affirmed · Decided 1887-01-17
¶1The court committed no error in sustaining the demurrer. No breach of the covenant of the vendee is averred in the billl The estate conveyed is in fee simple. The bill therefore will not lie for the excavation and removal of clay from the land.
¶2Decree affirmed and appeal dismissed, at the costs of the appellant.