Slayman v. Clark

Citations

• 15 Pa. Super. 591
• 1901 Pa. Super. LEXIS 395

Syllabus

<p>Ejectment — Partition—Orphans' court — Bes adjudicata.</p> <p>In an action of ejectment where the plaintiff claims title under partition proceedings in the orphans’ court, and the defendant claims title under a deed executed by the decedent in her lifetime, the defendant is not bound by the decree in partition, although she had notice of the proceedings, and may set up her independent title, where it appears that she was not required to appear and plead in the partition proceedings or to take any definite action therein, and that the plaintiff had knowledge of defendant’s possession, had made several ineffectual attempts to purchase the property in which defendant resided, which in part covered the land in controversy, and that he was in no way misled by defendant’s silence.</p>