Gable v. Whiteside

Citations

• 242 Pa. 188
• 88 A. 931
• 1913 Pa. LEXIS 861

Syllabus

<p>Equity — Equity jurisdiction- — Orphans’ Court — Act of April 28, 1899, P. L. 157 — Contract for sale of realty — Enforcement—Option given by a decedent.</p> <p>1. The Orphans’ Court has exclusive jurisdiction to enforce the contract of a decedent for the sale or conveyance of real estate in Pennsylvania, under the Act of April 28, 1899, P. L. 157; neither a common law court nor a chancellor has jurisdiction in such case.</p> <p>2. Plaintiff leased certain premises for a term of years, and under the provisions of the lease had an option to purchase at a fixed price at any time during the term. After the death of the lessors, plaintiff notified the devisees of the property in question that he elected to exercise the option to purchase. The devisees refused to convey and plaintiff filed a bill in equity in the Court of Common Pleas to compel specific performance of the contract. The devisees’ answer set up, inter alia, the lack of jurisdiction of the Common Pleas. The court decreed specific performance. 3eld, the bill should have been dismissed as the Common Pleas has no jurisdiction in such a case.</p>