Onorato v. Carlini

Citations

• 272 Pa. 489
• 116 A. 387
• 1922 Pa. LEXIS 853

Syllabus

<p>Equity — Equity jurisdiction — Remedy at law — Equity practice —Cloud on title — Demurring and answering at same time — Words and phrases — Sheriff’s inquisition — Satisfaction of debt in seven years — Invalid sheriff’s sale — Ejectment bill.</p> <p>1. A cloud on title is a title or encumbrance apparently valid, but in fact invalid.</p> <p>2. Equity has jurisdiction to remove clouds on titles, and, in a proper case, it will direct the instrument casting the cloud on the title to be delivered up and cancelled.</p> <p>3. A defendant may not answer and demur to the whole bill.</p> <p>4. An objection to the jurisdiction of a court of equity must be taken, either by demurrer or plea, before answer. By demurring and answering, defendant waives the question of jurisdiction.</p> <p>5. Where in a proceeding in equity, plaintiff’s title is clear and all the evidence relating to it is of such a character that a judge in a trial at law, upon the same evidence, would not be at liberty to submit the question to the jury, equity will grant relief.</p> <p>6. Equity has jurisdiction of a bill in equity for a reconveyance of real estate, and cancellation of a mortgage thereon, where it appears that, under a judgment against plaintiff, a sheriff’s inquisition found that the rents, issues and profits of the premises, were of a yearly value to satisfy the debt, interest and costs, in seven years, and that, notwithstanding the return, the property was sold and conveyed by the sheriff to one of the defendants, who conveyed to another of the defendants, the latter giving a mortgage for part of the purchase money.</p> <p>7. In such case the sheriff’s deed, and the subsequent deed and mortgage, were mere nullities and clouds on the title, and equity had jurisdiction to remove them.</p> <p>8. The bill, in such case, was not an ejectment bill. If plaintiff had brought his action at law, the mortgagee, in the mortgage given by defendant, would not have been bound by the judgment, and therefo