Goss v. Spencer

Citations

• 245 Pa. 12
• 91 A. 215
• 1914 Pa. LEXIS 821

Syllabus

<p>Equity — Equity jurisdiction — Equity practice — Pleading—Answer — Decision in limine — Act of June 7, 1907, P. L. khO — Ejectment hill — Certification to law side.</p> <p>1. Where an answer to a bill in equity avers “that the said bill of complaint is a mere ejectment bill, raising only the question of the naked title to the right of possession of the land described in said bill, that it does not set forth any equitable jurisdiction of thig case, and this court has not jurisdiction,” the provision of the Act of June 7, 1907, P. L. 440, that “if a demurrer or answer be filed averring that tbe suit should have been brought at law, that issue shall be decided in limine,” is sufficiently complied with and the court has jurisdiction to determine the sufficiency of the bill in limine.</p> <p>2. Equity has no jurisdiction of a bill filed by a plaintiff out of possession of certain real property and claiming legal title to the same based upon the alleged nullity of a certain deed, where defendant claims upon the alleged validity of the same deed, and where the bill prays that defendant, who is in possession, be restrained from asserting such possession. Such a case is a plain dispute concerning legal title and possession, in which an action of ejectment affords a complete remedy at law, to be first invoked before going into equity for incidental relief. It is not error for the court to certify such a case to the law side of the court as an action of ejectment.</p>