Heller v. Fishman

Citations

• 278 Pa. 328
• 123 A. 311
• 1924 Pa. LEXIS 401

Syllabus

<p>Equity — Bill to quiet title — Remedy at law — Rule to bring ejectment — Statutory remedy exclusive — Acts of March 21,1806, Jj Sm. L. 882, and April 16,1908, P. L. 212.</p> <p>1. A court of equity has no jurisdiction to entertain a bill to quiet title, where it appears plaintiffs are in possession claiming title to the land in controversy, and defendants are out of possession who likewise claim title.</p> <p>2. In such case, there is a complete remedy at law by a rule on defendants to bring their action of ejectment as provided by the Act of April 16, 1903, P. L. 212.</p> <p>3. Under the Act of March 21, 1806, 4 Sm. L. 332, the statutory remedy provided by the Act of April 16, 1903, P. L. 212, is exclusive of all other remedies as between persons in possession claiming title against persons out of possession also claiming title.</p> <p>4. Even if a trial of an ejectment, in such case, would develop nothing for a jury to consider, the remedy provided by the Act of 1903, must be pursued.</p> <p>5. Jurisdiction in equity, however, still remains to remove clouds from titles of those in possession of real estate in cases not covered by the Act of 1903, or not falling within other known legal remedies, and also where the remedies at law are inadequate to work out all the relief required in a particular case.</p> <p>Equity — Remedy at law — Certifying case to law side of court— Act of June 7, 1907, P. L. JJfi — Costs—Practice—Supreme Court.</p> <p>6. Where a bill in equity is filed to quiet title, and it appears that plaintiff’s proper remedy is by rule to bring ejectment under the Act of April 16, 1903, the bill should not be dismissed but should be certified under the Act of June 7, 1907, P. L. 440, to the law side of the court for proceedings under the Act of 1903.</p> <p>7. If the court below has dismissed such bill, the Supreme Court will, on appeal, modify the decree, so as to order the record to be returned with directions to certify the case to the law side of