Patchin v. Seward Coal Co.

Citations

• 226 Pa. 159
• 75 A. 250
• 1910 Pa. LEXIS 731

Syllabus

<p>Lunacy — Sale of lunatic’s land — Order of sale — Notice to next of kin— Jurisdiction of court — Ejectment.</p> <p>1. In an action of ejectment by the heirs of a lunatic to recover land sold by the committee of the lunatic under an order of court in the lunatic’s lifetime, parol evidence is inadmissible to show that no notice had been given to the wife or the next of kin- of the lunatic of the intended application to secure an order of sale, where the record shows that such notice had been given.</p> <p>2. ’Where an order of court directs the committee of a lunatic to sell lands within the county, and also authorizes the committee to apply for an order of court in another county to sell lands therein situated, it must affirmatively appear from the record of the court making the original order that the widow and heirs at law of the lunatic were served with notice of the proceedings. Notice of the proceedings in the other county alone, is insufficient.</p> <p>3. In a proceeding to secure an order of court authorizing the committee of a lunatic to sell land, the facts set out in the petition determine the jurisdiction of the court.</p>