Thomas v. Hukill

Citations

• 131 Pa. 298
• 18 A. 875
• 1890 Pa. LEXIS 1109

Syllabus

<p>1. Where a bill in equity was filed by a second lessee of oil lands, out of possession, alleging a forfeiture incurred by a prior lessee, in possession, for failure to perform his covenants, praying for an injunction to restrain further operations, for a decree declaring the prior lease void, and for an account, it was not error to dismiss the bill, the plaintiff having an adequate remedy at law.</p> <p>2. Moreover, while the proceeding was in form a bill in equity, it was in substance a possessory action, involving the title to land in another state; in such case, a decree of this court could affect the persons of the litigants only, and, not controlling the title or possession of the land in the other state, the exercise of such jurisdiction would be of at least doubtful propriety.</p>