Nevin v. Catanach

Citations

• 264 Pa. 523
• 107 A. 856
• 1919 Pa. LEXIS 692

Syllabus

<p>Partition — Land in two counties — Jurisdiction—Averments of bill — Amendment—Act of February 20,1851¡., P. L. 89 — Appearance —Practice, G. P.</p> <p>1. A bill in equity for the partition of land lying in two counties filed in the county in which “the larger part of the estate in value is situated,” but not containing an averment showing conditions of fact required by the Act of February 20, 1854, P. L. 89, that the land was so situated, may be amended to conform to the act although before the amendment is allowed, a petition for partition is filed in the orphans’ court of the county in which the smaller part of the land is situated.</p> <p>2. In such a case, as the court had jurisdiction, and the amendment did not change the cause of action, or prejudice defendants, the amendment when made becomes a part of the bill, as if originally inserted therein. The jurisdiction was therefore not in any way ousted by the proceeding in the other county.</p> <p>3. An entry of a general appearance for defendants, in such a case, placed them in such a position that they could not enter pleas in bar to the suit, upon the ground of a lack of the statutory averment.</p>