Sears v. Scranton Trust Co.

Citations

• 228 Pa. 126
• 77 A. 423
• 1910 Pa. LEXIS 443

Syllabus

<p>Equity — Jurisdiction—Parties—Executors and administrators — Conversion — Cloud on title — Cancellation of deed — Remedy at law — Will.</p> <p>1. A direction to an executor to sell the decedent’s property and pay the proceeds to the widow works a conversion, and gives the executor full power and authority over the real estate, with the right to maintain any action at law, or in equity, which might be necessary to carry out the direction and to protect the interests with which it is charged. This includes the power to maintain a bill to cancel a deed in order to remove a cloud upon title; and what the executor may do an administrator c. t. a. may also do.</p> <p>2. Whatever may be the prayer of a bill, if the kernel of the controversy is the legal title to land, then equity cannot be invoked; but where the question of the legal title is incidental and subordinate to other elements which call for the exercise of equitable remedies, equity will take and retain jurisdiction.</p> <p>3. While objections to jurisdiction can, generally, be made at any stage of the proceeding, objections to the jurisdiction of equity on the ground that the proceedings should have been instituted on the law side of the court, will not be entertained, unless made within a reasonable time after bill filed.</p> <p>Equity — Cross bill — Practice, C. P. — Parties.</p> <p>4. A cross bill may and usually does introduce new facts and new issues not disclosed by the original bill; it is only necessary that such facts shall be germane to the subject-matter of the original bill.</p> <p>5. - The objection that a cross bill is not germane to the original is waived by a general answer to the cross bill.</p> <p>6. New parties may be brought in by a cross bill which seeks affirmative relief and shows that the persons added are necessary parties for that purpose; that is, that they have an interest in, or material connection with the subject-matter in dispute between the parties to the original bill.</p> <