Bell's Petition

Citations

• 259 Pa. 495
• 103 A. 337
• 1918 Pa. LEXIS 440

Syllabus

<p>Beal property — Ejectment—Buie to bring ejectment — Party in possession — Jurisdictional facts — Evidence—Title—Will — Possession — Payment of rent — Act of June 10, 1898, P. L. 1¡.15.</p> <p>1. A proceeding under the Act of June 10, 1893, P. L. 415, by a party in possession of land to have an issue framed to determine title as against other claimants must comply with the provisions of the statute before a rule will be granted or an issue allowed. The jurisdictional facts required by the act must be averred in the petition, and relief will be granted if “it shall appear to the court that the facts set forth in the petition are true.”</p> <p>2. Prior to the Act of 1893 conferring jurisdiction at law, a suitor was required to seek relief by a bill quia timet filed on the equity side of the court and thereby invoke the aid of a chancellor to remove a cloud resting upon his title to the land. A party may now avail himself of either the legal or equitable remedy.</p> <p>3. In proceedings under the Act of June 10, 1893, P. L. 415, for the framing of an issue between the petitioner and the respondents to settle their respective rights in and to a two-acre lot of ground, where it appeared that petitioner occupied a house on a part of the premises and where there was nothing to show that there had been ails'- division of the lot or that any other person was in adverse possession of the rest of the lot, the petitioner had such possession as to entitle her to invoke the aid of the act for the ascertainment of her rights.</p> <p>4. In such case it was error to admit in evidence a will purporting to devise a part of the land to respondents, as the question for determination was not whether respondents had title to the premises, but whether petitioner had possession thereof, with disputed claim of title, and the fact that petitioner had offered some evidence of her title did not warrant respondents in offering evidence of their title.</p> <p>5. The fact that the tenants occupy