Craig v. Craig

Citations

• 264 Pa. 380
• 107 A. 719
• 1919 Pa. LEXIS 657

Syllabus

<p>Equity — Parties—Title—Will—Presumption—Jurisdiction—Dismissal of hill without prejudice.</p> <p>1. Only a party in interest can invoke the equity powerg of a court to procure the cancellation of a deed, and such interest must be averred and proved.</p> <p>2. Where on a bill in equity for the cancellation of a deed executed by plaintiff’s father, it appears that although the father died testate his will was not produced in evidence, and there is no proof to show how plaintiff had acquired any interest in the land covered by the deed, the bill will be dismissed. There is no presumption that the father died intestate as to the land in question, or that he devised it to plaintiff.</p> <p>3. The fact that the bill purports to be filed by the plaintiff “for himself and in behalf of all other persons in interest,” is immaterial, inasmuch as it is fatally defective for want of a necessary plaintiff.</p> <p>4. In such a case the bill is also fatally defective for want of necessary defendants, where it appears that the deed from the father was made to two of his sons, who were plaintiff’s brothers, and that the defendants named were the executors and heirs of one of the sons, and the widow of the other, but no proof of the will of the first is offered, and it is not shown whether the second died testate or intestate or who were his heirs or devisees.</p> <p>5. The court in dismissing the bill in such a case for lack of necessary parties, will do so without prejudice to plaintiff’s rights, or those of any other party, in any future action at law or in equity touching the deed in question, or the title of the land embraced therein.</p>