217 Pa. 491 | Pa. | 1907
Opinion by
The learned judge of the court below has so fully vindicated his conclusions on the merits of the case in the able and exhaustive opinion filed by him, that we need not enter into a discussion to sustain his findings. He has found and stated the facts at length to which no error is alleged here by the appellant.
The right of a party in possession of, and claiming title to, real estate to. invoke the aid of a chancellor in removing a
"We are clear that the bill filed by the plaintiff presents a case for equitable jurisdiction. The learned judge finds that “ the plaintiff acquired title to land in this county which he subsequently, by written agreement, contracted to convey to the National Mortar and Supply Company, which entered into and retains possession, but refused to comply with the agreement of sale on account of an outstanding adverse title in the defendant, and this bill is filed to have said title declared void.” It will, therefore, be observed that the plaintiff has title to the premises, that by an agreement he has sold
It is further contended by the learned counsel of the defendant that the plaintiff cannot maintain a bill to quiet his title in a court of equity, but is required to proceed in the common pleas according to the provisions of the Act of May 25, 1893, P. L. 131. We will assume that the learned counsel means the Act of April 16, 1903, P. L. 212. 2 Purd. (13th ed.) 1304, which repealed the first section of the act of 1893, and was in force at the time this bill was filed. The first section of the act of 1903 provides as follows: “Whenever any person, not being in possession thereof, shall claim or have an apparent interest in or title to real estate, it shall be lawful for any person in possession thereof, claiming title to the same, to make application to the court of common pleas of the proper county, whereupon a rule shall be granted upon said person not in possession, to bring his or her action of ejectment within six months from the service of such rule upon him or her, or show
The assignment of error is overruled, and the decree of the court below is affirmed.