Heppenstall v. Leng

Citations

• 217 Pa. 491
• 66 A. 991
• 1907 Pa. LEXIS 743

Syllabus

<p>Equity — Jurisdiction—Cloud on title — Cancellation of written instrument.</p> <p>The jurisdiction of a court of equity to remove clouds from title is an independent source or head of jurisdiction, and whenever a deed or other instrument exists which may be vexatiously or injuriously used against a party after the evidence to impeach or invalidate it is lost, or which may throw a cloud or suspicion over his title or interest, and he cannot immediately protect or maintain his right by any course of proceedings, a court of equity will afford relief by directing the instrument to be delivered up and canceled, or by making any other decree, which justice or the rights of the parties may require.</p> <p>A bill in equity to quiet title may be maintained where it appears that plaintiff has title to the premises, that by an agreement he had sold the property to another who is in possession of it but refuses to accept the title sold him by reason of an outstanding adverse title, and that the adverse title is in the defendant. In such a case as neither plaintiff nor defendant is in possession, ejectment will not give the plaintiff the remedy he desires and needs; nor will the Acts of May 25, 1893, P. L. 131, or April 16, 1903, P. L. 212, give him an adequate remedy, inasmuch as plaintiff is not in possession of the premises.</p>