German-American Title & Trust Co. v. Shallcross

Citations

• 147 Pa. 485
• 29 W.N.C. 486
• 23 A. 770
• 1892 Pa. LEXIS 878

Syllabus

<p>Equitable ejectment — -Conclusiveness as to matters litigated — Res adjudicata.</p> <p>One verdict and judgment in an equitable ejectment is not only conclusive as to the title of the land, but such judgment has all the conclusiveness of a decree- in chancery as to every other matter litigated.</p> <p>Record — Extrinsic evidence as to matters litigated.</p> <p>Where the record in an equitable ejectment is so general that it does not show what particular matters were litigated, it is competent to show by extrinsic evidence what those matters were.</p> <p>On a bill in equity to compel the satisfaction of a mortgage and judgment, and the extinguishment of a ground rent, it is competent for the complainant to show by extrinsic evidence that in an equitable ejectment between the same parties, the conditional verdict for the plaintiff was based upon credits given by the jury to the defendants for the amount of the mortgage, judgment and ground rent which were held by the defendants against the land.</p> <p>Equity — Jurisdiction—Bill to compel satisfaction of mortgage.</p> <p>A court of law has no jurisdiction in an equitable ejectment to compel the defendant to satisfy a mortgage for which he has received credit in the conditional verdict. The only remedy is by a bill in equity to compel the- satisfaction of the mortgage.</p>