Nanheim v. Smith

Citations

• 253 Pa. 380
• 98 A. 602
• 1916 Pa. LEXIS 849

Syllabus

<p>Equity — Jurisdiction—Remedy at law — Ejectment—Certification to law side — Act of June 7,1907, P. L. 440 — Practice, C. P.</p> <p>1. Where the primary and controlling question raised by a bill in equity concerns the title to certain real estate purchased from funds alleged to have belonged to plaintiffs decedent and to have been improperly placed in defendant’s name, which fact is denied in defendant’s answer, and there is no prayer in the bill for a discovery or accounting, equity has no jurisdiction, the proper remedy being an action of ejectment.</p> <p>2. In such case the question of jurisdiction having been raised by the answer the chancellor erred in failing to certify the case to the law side of the court as required by the Act of June 7, 1907, P. L. 440.</p>