Clark v. Clark

Citations

• 255 Pa. 574
• 100 A. 457
• 1917 Pa. LEXIS 495

Syllabus

<p>Real estate — Rule to bring ejectment — Act of April 16, 190S, P. L. 212 — Remaindermen.</p> <p>1. The Act of April 16, 1903, P. L. 212, providing in effect that parties claiming an interest in real estate but not in possession, may be ruled by tbe party in possession to bring an action of ejectment, intended that all issues necessarily involved in tbe determination of title to real estate are to be settled in such ejectment proceeding; when such action is instituted, the title to the land in controversy can be determined and if tbe verdict favors tbe respondents, tbe judgment may be so moulded as to grant appropriate relief.</p> <p>2. Where a party in possession of real estate petitions under tbe said Act of 1903 for a rule on parties claiming an interest therein, to show cause why they should not bring an action of ejectment, ah answer averring^ that petitioner has but a life estate, that respondents are the remaindermen, and that owing to such facts respondents cannot bring an action of ejectment, does not show sufficient cause for not bringing the action and an order refusing the rule will on appeal be reversed with a procedendo.</p>