Manzer v. Wycoff

Citations

• 78 Pa. Super. 560
• 1922 Pa. Super. LEXIS 160

Syllabus

<p>Beal estate — Sales—Deceased vendor — ■Action for purchase money against vendee in possession — Fiduciaries Act — Jurisdiction of the orphans' court.</p> <p>Since the passage of tbe Act of June 7, 1917, P. L. 447, (Fiduciaries Act) an executor of a deceased vendor of land, under written articles of sale, may not institute an action of equitable ejectment against tbe vendee in possession, to enforce payment of tbe purchase money. His remedy is now exclusively by petition in the orphans’ court.</p> <p>The act applies to all cases where either the vendor or vendee is dead. If the vendor is dead enforcement of the contract, so far as his estate is concerned, can only mean payment to his personal representatives of the purchase money or any balance remaining due, and authorization, upon such payment, to execute and deliver a deed for the land. By the sale, as respects the vendor, the land is converted into personalty and upon his death before conveyance, becomes assets in the hands of his personal representative.</p> <p>The jurisdiction of the orphans’ court is exclusive and neither a common law court nor a chancellor has jurisdiction in such cases.</p>